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(영문) 대전지방법원공주지원 2014.12.17 2014가합20161
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant entrusted the operation of the Chungcheongnam-do Center (former title: D Center prior to the alteration) by the Do Governor, Chungcheongnam-do, and the head of the Defendant appointed the Plaintiff as the head of the Cheong-do Center from August 12, 2013 to August 11, 2016.

B. From April 10, 2014 to the following day, the Plaintiff planned and carried out a workshop in which the Cheongnam-do Center and the Pulnam 21 Practice Council jointly participate, and on April 15, 2014, the Plaintiff filed a civil petition with the Anti-Corruption and Civil Rights Commission to the effect that the Plaintiff, while drunk at the workshop, had sexually committed an inappropriate act with male employees while drinking.

C. Chungcheongnam-do started an investigation into the above civil petition against relevant persons, including the Plaintiff.

On April 17, 2014, the Plaintiff asserted that the contents of the above civil petition are different from the facts, but after undergoing an investigation, the Plaintiff submitted a resignation letter on April 18, 2014. Accordingly, on April 18, 2014, the Defendant requested the Chungcheongnam-do Governor to approve the Plaintiff’s dismissal from office for council members.

On April 19, 2014, around 21:26, and April 20, 2014, the Plaintiff sent several text messages to the Defendant Director E to the effect that “A resignation is paid by a public official’s strong pressure, and the details of the petition are different from the facts.” The Plaintiff sent several times to the Defendant Director E a letter to the effect that “a resignation is sent by the public official’s strong pressure.”

E. On April 21, 2014, the Defendant president issued a personnel order to dismiss the Plaintiff upon approval from the competent Cheong-nam Do Governor.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 4, Eul's 1 through 9 (including additional numbers), the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1 was merely a simple blus in the atmosphere on the job where all employees at the workshop work together, and rather, the plaintiff tried to rape by intrusion upon the room where the plaintiff F was a male employee F, and the plaintiff was only the victim of the above crime and was sexually inappropriate as the content of the civil petition.

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