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(영문) 청주지방법원 2016.06.29 2016가합20005
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a school juristic person operating C University (hereinafter “instant university”), and the Plaintiff is a person dismissed from office on October 20, 2015 when working as a teaching team member of C University.

B. From January 2015 to September 7, 2015, the Committee received reports from D, the Defendant’s employee, that the Plaintiff habitually committed sexual harassment from D through language, behavior, text messages, and mail notes for about eight months, etc., and sought a resolution on disciplinary action against the Plaintiff on September 17, 2015.

C. On October 16, 2015, the Defendant Employee Disciplinary Committee decided to dismiss the Plaintiff on October 20, 2015, based on the Plaintiff’s judgment that the ground for disciplinary action that the Plaintiff’s act of impairing D’s dignity was a severe and intentional sexual harassment. Accordingly, the Defendant dismissed the Plaintiff on October 20, 2015 (hereinafter “instant disciplinary action”).

On November 2015, the Plaintiff filed a request for review on the instant disciplinary action. From January 2015 to September 2015, the Defendant Employee Disciplinary Review Committee recognized that the Plaintiff frequently committed sexual harassment, such as “I am good, I am good, I am good, and I am good,” and that I am good due to collapse, and that I am am good, and that I am am good. I see that the Plaintiff’s request for review was dismissed.

E. The grounds for disciplinary action and relevant regulations regarding disciplinary action are as follows.

Where a school personnel under Article 5 (Causes for Disciplinary Action) of the Regulations on Disciplinary Action against Teachers and Staff falls under any of the following subparagraphs, he/she shall take disciplinary action:

3. Where he/she commits an act detrimental to his/her dignity as a teacher and staff regardless of whether he/she performs his/her duties, disciplinary action under Article 6 shall be classified into removal, dismissal, suspension from office, reduction of salary, reprimand and warning.

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