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(영문) 서울남부지방법원 2017.07.21 2015가합111755
정직처분 등 무효확인 청구의소
Text

1. On July 15, 2015, the Defendant’s suspension from office against Plaintiffs A, B, C, D, and E for four months of suspension from office, Plaintiff F, and G, respectively.

Reasons

1. Basic facts

A. The defendant is a public broadcasting company established for the purpose of conducting domestic and foreign broadcasts as a national key broadcasting, disseminating broadcasting culture, and running businesses incidental thereto. The plaintiffs are members of the J Headquarters under the National Press Workers' Union of Korea (hereinafter "J Headquarters") comprised of the employees employed in the defendant.

B. On December 5, 2014, the Defendant issued a four-month disciplinary measure against the Plaintiffs on the ground that “A interfered with the Defendant’s J management duties, etc., the Defendant’s president, and damaged the vehicles used and managed by the Defendant, and interfered with the Defendant’s conduct of the event and proceeding with the President, etc.,” against the rest of the Plaintiffs on May 19, 2014, on the grounds that “A interfered with the Defendant’s K management duties, etc., which is the president, and damaged the vehicles used and managed by the Defendant,” respectively. (ii) The Plaintiffs filed a request for reexamination on the grounds that “F, Plaintiff H, and Plaintiff H, were subject to a four-month disciplinary measure on July 15, 2015, respectively, and that the review was conducted in order to reduce the amount of the Plaintiffs’ suspension from office.”

(hereinafter referred to as “instant disciplinary action”)

The defendant's rules of employment and personnel regulations related to this case, including the defendant's rules of employment, are as follows.

▣ 취업규칙 제4조(성실) 직원은 법령과 공사의 정관 및 제규정을 준수하고 상사의 직무상 지시에 따라 맡은 바 직무를 성실히 수행하여야 한다.

Article 5 (Maintenance of Dignity) Employees shall not commit any act detrimental to the honor and dignity of the Corporation, and shall maintain the order in the workplace by respecting mutual personality.

Article 49 (Reward and Disciplinary Action) Matters concerning the reward and disciplinary action of the staff shall be governed by the personnel regulations.

▣ 인사규정 제55조(징계) 직원이 다음...

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