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(영문) 대구지방법원 2018.04.26 2017구합24174
면직처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 26, 2016, the Plaintiff is a person newly appointed as a post office bulletin to the B post office category.

B. On May 31, 2017, the Regular Review Committee for Appointment (Dismissal) of Post Offices B decided to dismiss the Plaintiff for the following reasons.

1. Although a public official under Article 63 (Duty to Maintain Dignity) of the State Public Officials Act was prohibited from performing any act detrimental to his/her dignity, regardless of whether it is inside or outside of his/her duties, A has the fact that he/she unilaterally exercises sexual speech and behavior and verbal violence on five occasions from March 2017 to May 8, 2017, and the victim was threatened with sexual insult and personal threat by making repeatedly calls under the influence of alcohol during the latest hours after the end of his/her duties.

In addition, A had continued to file a civil petition demanding the replacement of employees from a contract-based company with an influent attitude when performing his/her duties, and he/she had expressed a bath to the employees of the contract-based return company on April 26, 2017.

The above act is against the provisions of Article 63 of the State Public Officials Act (Duty to Maintain Dignity) and there is a fact that the above act constitutes a ground under Article 78 (Disciplinary Action) of the State Public Officials Act and demands a heavy disciplinary decision under the Enforcement Rule of the Decree of the Decree

2. In full view of the records presented to our Committee, such as expert opinion on the case of misconduct on the judgment of the Committee for Regular Appointment of B Post Offices, a written resolution of the Committee for Deliberation of Sexual Harassment on Sexual Harassment on B Post Offices, a written report of counseling on sexual harassment, a written request for disciplinary decision, a written evaluation of work performance during a probationary period, A’s statement of work performance, a statement of circumstances, a telephone recording, a monetary list, text message, etc., it shall be performed unilaterally and repeatedly during five times from March 2017 to May 8, 2017 by exercising sexual speech and language violence and drinking during the latest hours after the end of work hours.

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