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(영문) 서울행정법원 2017.01.24 2016구합55735
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. An intervenor is a company established on May 26, 201 and ordinarily employs approximately 310 workers to run home shopping broadcasting business.

On August 8, 2011, the Plaintiff is a man who entered the Intervenor as Home Shopping Broadcasting PD and works for the Intervenor.

B. On July 16, 2015, the Intervenor notified the Plaintiff of the disciplinary deliberation on the facts suspected of violating the provisions of employment rules, etc. (sexual harassment, etc. on the job) as an agenda item, to the effect that on July 20, 2015, the Intervenor would have been present at the 13th executive conference room of the board of directors of the 13th floor on July 2015.

(hereinafter referred to as the “instant personnel committee”). On July 20, 2015, the intervenor held a personnel committee (hereinafter referred to as the “personnel committee”) in order to distinguish from the personnel committee for review as scheduled below, and the personnel committee passed a resolution on disciplinary dismissal against the Plaintiff.

In addition, around July 21, 2015, the intervenor notified the plaintiff of the result of disciplinary action that he/she would be subject to disciplinary dismissal on July 21, 2015 (hereinafter "the notice of the result of the disciplinary action in this case"), and examining the grounds for the disciplinary action (the grounds for dismissal) as stated in the notice, and the relevant grounds are as follows.

(A) The reasons falling under paragraph (1)(b) are as follows, and the reasons falling under paragraph (c) are as follows. A.

In violation of Article 53 of the Rules of Employment (Prohibition and Prevention of Sexual Harassment on the Job) against female employees as a habitually and habitually verbal sexual harassment

B. In particular, the continuous speech and behavior of sexual harassment against pregnant or nursing women violates the duty of mutual character and respect under Article 17(Duties of Members)(2) of the same Rule.

C. In addition, the fact that case items are received continuously to a partner has been given and received over several times is also a case of a person who has a transaction with the company 13.

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