(영문) 서울고등법원 2020.11.13 2019누64503

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(영문) 서울고등법원 2020.11.13 2019누64503

부당해고부당노동행위재심판정취소청구의소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. An intervenor is a public institution affiliated with the Ministry of Employment and Labor established under the Act on the Assistance to the Development of Labor-Management Relations, which ordinarily employs approximately two hundred workers and operates a business related to the promotion of labor-management cooperation.

The plaintiff is a person who joined the intervenor on April 30, 2010 and served as an expert member in the E team.

B. The Ministry of Employment and Labor received information on the Plaintiff’s act of sexual harassment on October 16, 2017, the Plaintiff’s act of providing corporate cards and private utility, etc. on October 26, 2017, and the Plaintiff’s act of using evidence related to the Plaintiff’s corporate cards, and the act of receiving unfair departure equipment from the Ministry of Employment and Labor for two months from November 13, 2017 to January 12, 2018.

(hereinafter referred to as “instant audit”). C.

On January 18, 2018, the Ministry of Employment and Labor issued a warning to the Intervenor in accordance with the result of the instant audit and inspection. On the other hand, the Ministry of Employment and Labor confirms that “the Plaintiff made a statement of sexual harassment, such as: (a) the Plaintiff has committed misconduct against the Intervenor from October 2016 to October 2017; (b) the Plaintiff has made a statement of sexual harassment, including: (c) the amount of money and valuables for business promotion of the E team from March 2017 to September 2017; (d) the amount of money and valuables for business promotion of the E team from March 2017 to September 30 of the same year; and (e) the amount of money and valuables for business promotion, such as business promotion expenses, equipment, etc., received KRW 1,073,700 as a trade union business trip; and (e) the amount of disciplinary action against the Intervenor, including the amount of money and valuables for business promotion; and (e) the amount of disciplinary action against the Intervenor is required in the attached Table 30.

참조조문

-노사관계 발전 지원에 관한 법률

유사 판례

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-대전지방법원 2015.02.12 2014구합100916

-수원지방법원 2019.07.18 2019구합62063