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(영문) 서울남부지방법원 2017.06.02 2016가합111592
감봉처분무효확인
Text

1. On August 24, 2016, the Defendant confirmed that the disciplinary action in February of each salary reduction against the Plaintiffs was all null and void.

2...

Reasons

1. Basic facts

A. The defendant is a public broadcasting company operating broadcasting business, and the plaintiffs are three side reporters working in the defendant's news report headquarters.

B. On July 29, 2016, the head of the Defendant’s Section C team and the head of the division instructed the Plaintiffs to gather news with an item “D(A)” on the ground that the film “inhuman inland operations” may cause a hiversity, and that it would be an issue.

Accordingly, the Plaintiffs refused to gather news by presenting opinions to the effect that it is difficult to determine that it is a studio for entertainment because it is not only three days after opening a film “in human nature landing operation”, and that if a report is made to criticize the reputation of experts and defend a specific film without any apparent grounds, there arises a problem of fairness and objectivity, and that the report is made to excessively publicize “in human nature landing operation” unlike other movies.

C. The Plaintiffs, upon the occurrence of different opinions on the production of an item of motion pictures, demanded a meeting of the organizing committee pursuant to Article 11(1) of the KBS Broadcasting Programming on July 29, 2016 through E, but the Defendant did not accept the request.

Rather, on August 24, 2016, the Defendant held a Civil Service Commission and decided to take disciplinary action for two months of salary reduction on the grounds that the Plaintiffs violated Article 4 (Fidelity) of the Rules of Employment of the Defendant, and fall under subparagraphs 1 and 2 of Article 55 of the Regulations on Personnel Management. The Defendant’s president imposed a disciplinary action for two months of salary reduction (hereinafter “instant disciplinary action”).

E. Although the Plaintiffs filed a request for review of the instant disciplinary action with the Defendant, the Defendant held a special personnel committee on October 19, 2016 and rendered a decision to dismiss the Plaintiffs’ request for review.

An employee under Article 4 (Fidelity) of the Rules of Employment shall observe Acts and subordinate statutes, the articles of incorporation and provisions of a construction project, and shall be assigned according to the official instructions of his/her superior.

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