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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 corporation is a school foundation operating Cmedical Center, and the Plaintiff was appointed as an employee of the Defendant corporation on June 1, 1994, and served as the head of the welfare promotion team affiliated with C Medical Center Secretariat from March 1, 2014 to the office of the C Medical Center Secretariat, and “the head of a funeral home” was in charge of overall management of C Medical Center funeral homes and service management for its funeral instructors.
B. On May 29, 2015, the Defendant corporation received KRW 8,940,00 from the funeral director to receive the introduction fee. ② During the investigation process, the Defendant corporation instructed the funeral director to make a false statement, and obstructed the audit by having the head of the division make a false report, thereby interfering with the audit of the case. ③ The Defendant corporation’s disciplinary action against the Plaintiff on the ground of “the receipt of planned organizational introduction fee and media reports based thereon, and impairing the reputation of the Defendant corporation based on investigation” (hereinafter “instant disciplinary action”).
C. The articles of incorporation and the disciplinary rules of the defendant corporation are as follows:
[Articles of incorporation and the provisions of the articles of incorporation applicable to private school teachers shall apply mutatis mutandis to disciplinary action against general employees under Article 88 (Disciplinary Action). The General Staff Disciplinary Committee shall be established in a corporation, and its members shall be composed of school employees.
[Rules on Disciplinary Action against Teachers and Staff] Article 5 (Reasons and Types of Disciplinary Action) (1) When a school employee falls under any of the following subparagraphs, the person who has the authority to appoint and dismiss shall request a disciplinary
1. Where he performs an act seriously placing the teachers and staff on the part in contravention of Acts and subordinate statutes, the articles of association or the provisions;
2. When he/she breaches or neglects his/her duties;
3. Where he commits an act which damages the dignity of a teacher and staff regardless of whether he is on or off duty.
Article 9 (Time-Limit for Disciplinary Decisions) Any request by the Disciplinary Committee for a disciplinary decision.