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(영문) 대전지방법원 2017.07.19 2016가합106630
해고무효확인
Text

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 is a company that performs the business of checking water supply and sewerage by being entrusted with the main office of the C City Waterworks Business Headquarters (hereinafter “the main office”).

On April 1, 2016, the Plaintiff entered the Defendant and worked as the team leader in charge of the inspection affairs.

B. On September 22, 2016, the Defendant notified the Plaintiff of the purport that “A standby order shall be issued from September 26, 2016 to October 7, 2016, as it is planned to hold a disciplinary committee due to an employee’s civil petition,” and that “a standby order shall be issued from September 26, 2016 to October 7, 2016.”

Matters subject to disciplinary action under the rules of employment for the reason of attendance.

1. If the person does not attend for the statement, I shall submit a written waiver of the right to make the statement.

2. When intending to make a written statement according to circumstances, I may submit a written statement to arrive by the day before the date of the disciplinary committee meeting.

Article 9 (Duty of Service) (4) of the Rules of Disciplinary Reason: Members shall not engage in any conduct that impairs their dignity as members or impairs their reputation.

Article 53 (Disciplinary Action)(3) of the Rules of Employment: Paragraph (4) of the same Article: A person who has caused damage to the reputation or credit of a company: A person who has neglected to conduct safety inspections, autopsy, civil petition affairs, etc. and caused damage to the company or customer by taking advantage of his/her duties; Paragraph (8) of the same Article: A person who has committed a violation of the service regulations determined by the company: Paragraph (9) of the same Article: A person who has committed a sexual harassment in the workplace due to any other similar act, and Paragraph (11) of the same Article: Article 59 (3) of the Rules of Employment for a person who has disturbed order in the workplace: A person who has committed a sexual harassment in the workplace; a person who has caused harm to the workplace; a person may be subject to disciplinary action, such as dismissal; a person

C. On October 4, 2016, the Defendant notified the Plaintiff of the attendance at the Disciplinary Committee on October 10, 2016.

3.2

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