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(영문) 서울서부지방법원 2016.01.14 2014가합6770
정직취소
Text

1. It is confirmed that the Defendant’s suspension from office against the Plaintiff on June 2, 2014 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. (i) The Plaintiff and Nonparty B are employees of Defendant C.

D. On May 7, 2014, 14:14:13, at the same time, B written the first page of the article of “F” (hereinafter “instant article”) to be broadcasted through “E”, a news of Defendant Company’s news program “D”, in C’s internal computer network.

Abstract, the Plaintiff perused the draft of the instant article through the news system and copied it on 15:34 on the same day, and posted it on the Kakao Stockholm page consisting of 42 employees of the Plaintiff’s company.

Applicant The article of this case was finally released from the same content as the beginning on the same day at around 19:36, and was broadcast through D around 20:16.

B. On June 2, 2014, the personnel committee of the Defendant Company’s disciplinary action against the Plaintiff was subject to one month of suspension from office on the ground of Articles 3, 5, 66(1), 66(2), etc. of the Rules of Employment for the reason that “The Plaintiff violated its duty to maintain confidentiality by spreading the news Plaintiff, which was not released before the Plaintiff’s broadcasting, to another country.”

(hereinafter “instant suspension disposition”). On June 9, 2014, the Plaintiff raised an objection thereto, but the personnel committee became final and conclusive on June 9, 2014.

C. (i) The Defendant Company’s employment rules Article 3 (Obligation) of the Rules of Employment of the Company shall work as an employee on the terms and conditions of the work set out in these Rules, and its employees shall be obliged to comply with the matters set out in these Rules and to perform in good faith the duties assigned in accordance with

Article 5 (Observance of Professional Secrets) No employee shall divulge any confidential information he/she has become aware of in the course of performing his/her duties, as well as after retirement.

Article 6 (Prohibited Matters) No employee shall commit any of the following acts:

9. The types of disciplinary action and details of such disposition, which are prohibited under the Decree of the Broadcasting and Ethics Act (Types of Disciplinary Action) and the Code of Ethics, shall be as follows:

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