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(영문) 서울고등법원 2017.03.24 2016나2074164
정직처분무효확인
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Defendant Foundation shall be an incorporated foundation established with the aim of contributing to improving the management conditions and strengthening the competitiveness of small and medium enterprises by promoting the industries of Seoul Special Metropolitan City and comprehensively and systematically fostering small and medium

From March 9, 2015, the Plaintiff had been working for the Defendant Foundation from around July 2011 to around March 4, 2015, and was in charge of the sales management of “C”, market support, and development of events.

B. On September 15, 2015, the Plaintiff received a demand for appearance, stating the date and time (as of September 18, 2015) of the attendance and the place (as of September 15, 2015) on the ground that the grounds for the disciplinary action were not specified by the Defendant Foundation, and only the Defendant’s statement following the disciplinary action was presented.

C. On September 18, 2015, the personnel committee of the Defendant Foundation decided to take three months of suspension from office against the Plaintiff. Accordingly, on September 25, 2015, the Defendant Foundation notified the Plaintiff of a three-month disciplinary action of suspension from office (hereinafter “instant disciplinary action”).

The reason for the disciplinary action is that it violates Article 60 (1), (3), and (4) of the Seoul Industrial Promotion Agency Regulations, Article 60 (Disciplinary Action), the duty of integrity, the duty to maintain dignity, the duty to maintain dignity, etc. - The main reason for the disciplinary action request is that the disciplinary action is "third month in suspension from office" as a result of the deliberation by the personnel committee. The agency interventions in the interest of the contracting company's employees and supporting company and sexual harassment against the cooperation agency's employees and the company's representative. - Based on this, the agency has violated the relevant laws and regulations prescribed in Article 11 (Prohibition of Participation in Interest Rights, etc.), Article 14 (Restrictions on Acts and Subordinate of Interest Rights, etc.), Articles 7 (Good Faith and Friendly Duties), and Article 8 (Prohibited Acts) of the Seoul Industrial Promotion Agency's Rules on Personnel Management, Article 60 (Disciplinary Action) (3), (4), and Article 62 (3) 2 of the Disciplinary Action) of the attached Table 2 of the Regulations on Personnel Management.

6. Violation of the duty of integrity;

7. Breach of duty to maintain the dignity; and

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