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(영문) 서울서부지방법원 2015.09.24 2014가합35426
정직처분취소
Text

1. On June 10, 2014, the Defendant confirmed that a disciplinary measure of six months of suspension against the Plaintiff is invalid.

2. The defendant.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation that engages in broadcasting business and cultural service business, and the Plaintiff is a artist who joined the Defendant Company on January 31, 2012.

B. On June 10, 2014, the Defendant took a six-month disciplinary measure against the Plaintiff for the following reasons (hereinafter “instant suspension disposition”).

Disciplinary Reason: Grounds for Disciplinary Action: Articles 3, 4, 66 of the Rules of Employment, and MBC Social Media Guidelines

(b) impartiality;

(e) Maintenance of level, etc.;

C. The article posted by the Plaintiff is as shown in the attached Form C, and the Defendant’s rules of employment and the MF Social Media Guidelines related to the instant case are as follows.

Article 3 (Duty to Observe Rules of Employment) The Company shall work for its employees under the working conditions prescribed in these Rules, and its employees shall comply with the matters prescribed in these Rules and the regulations of the Company and shall perform their duties faithfully in accordance with the commercial instruction.

Article 4 (Maintenance of Dignity) Employees shall not commit any act detrimental to the honor and dignity of a company, and shall observe the principles of broadcast, the age of broadcast and the code of ethics, and maintain order in a workplace by respecting mutual recognition.

Article 62 (Categories of Disciplinary Action) Types of disciplinary action and details of such disciplinary action shall be as follows:

(1) Heading 1 through 4 omitted)

5. Fixed position: It shall be within six months, and shall maintain the status of an employee during the period, but may not be engaged in his/her duties and shall not be paid any remuneration;

(Sicker omitted)

6. Dismissal: The person shall be released from the qualification of an employee; and

Article 66 (Grounds for Disciplinary Action) Where an employee falls under any of the following subparagraphs, he/she may take disciplinary action against him/her over the period of deliberation of the personnel committee:

1. Where it violates the bylaws;

2. When he/she violates his/her duty;

6. When an act detrimental to the reputation of the company has been committed, the MBC Social Media Guidelines MBC Social Media Guidelines shall be MBC.

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