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(영문) 대전지방법원 2015.04.02 2014구합101643
부당징계구제재심판정취소
Text

1. The Plaintiff stated this part of the claim as the Defendant in the National Labor Relations Commission’s purport.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a corporation that employs approximately eight full-time workers and engages in the production and supply of broadcast programs, etc., and the Plaintiff was employed by the Intervenor on October 19, 2006 as the head of the content team.

B. On August 1, 2013, the Intervenor opened a disciplinary committee and resolved on the three months of suspension from office (hereinafter “instant disciplinary action”) as follows (hereinafter “instant disciplinary action”). On August 2, 2013, the Intervenor notified the Plaintiff of the instant disciplinary action on August 2, 2013 following the date, and the Plaintiff filed a request for reexamination, but the new personnel committee held on August 12, 2013 also made a decision identical to the initial disciplinary action.

1. The representative director’s expression and behavior of infringement on the management right and personnel right (hereinafter “the first misconduct”) 1) personal trend, i.e., “the former president (D) shall not be reappointed on March 2014” (hereinafter “the first misconduct”) to the employees, thereby impairing the trust relationship with the representative director of the employees (hereinafter “the first-1 misconduct”).

hereinafter the same shall apply.

(2) On June 7, 2013, the representative director of the board of directors obtained leave approval, and plannedly followed the representative director's acts of disturbing three order and recorded the process, causing denial of management rights, such as sending letters to the employees who did not reflect, and thus, causing the employee's fraud and infiniteization, thereby disturbing personnel order, such as inducing the interview to the four retired members who retired from the board of directors to raise an objection against the measures of the representative director.

2. A violation of the company order (hereinafter “ second misconduct”) 1 himself/herself raises complaints against the company that he/she think of (hereinafter “second misconduct”) to his/her employees, leading his/her employees to decrease the morale of his/her business and oppose the company’s policy by his/her employees.

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