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(영문) 수원지방법원 2015.07.17 2014가합67846
해고무효확인
Text

1. We affirm that the Defendant’s dismissal of the Plaintiff on July 30, 2014 against the Plaintiff is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is a company aimed at manufacturing and selling electronic parts. The Plaintiff is a person dismissed from the Defendant on July 30, 2014, who was employed by the Defendant on December 17, 2012 as the head of the Defendant’s B factory Group C Team.

B. The Defendant, on the ground that the following acts of the Plaintiff constitute Article 12 subparag. 2, 7, 12, 15, and 20 of the Defendant’s Disciplinary Rules, imposed a disciplinary action against the Plaintiff on July 30, 2014 pursuant to Article 13 subparag. 5 of the same Regulation (hereinafter “instant dismissal”), and then notified the Plaintiff at that time.

1. Committing sexual harassment, such as physical contact, to female employees within the company;

2. Inappropriate sexual relations with female personnel at the same team;

3. 위 성관계 후 해당 여직원에게 남자친구(당사 근로자)와 헤어지고 자신과 사귈 것을 요구하면서, 이를 따르지 않을 경우 인사상 불이익을 가하겠다고 협박

C. Meanwhile, D, an employee of the foregoing company, filed a complaint with the intent that the Plaintiff committed indecent act against himself/herself from March 2014 to May 2, 2014, and raped himself/herself under the influence of alcohol on May 2, 2014. However, on December 16, 2014, the Plaintiff was subject to a disposition of suspicion on the ground that the Plaintiff was either not guilty of a crime from the Daejeon District Prosecutors’ Office or insufficient evidence.

The provisions of the Defendant regarding the instant case are as follows:

[Employment Rules] Article 63 (Reasons for Disciplinary Action) (1) If a company constitutes grounds for disciplinary action against a member, it shall be subject to disciplinary action in accordance with the reward and punishment

(2) Types of disciplinary action shall be warning, reprimand, salary reduction, suspension from office, dismissal, etc.

(3) Disciplinary actions shall be decided by a resolution of the personnel committee.

[Personnel Regulations] If a member of Article 29 (Dismissal) falls under any of the following subparagraphs, he/she shall be dismissed:

2. Where a person is dismissed by a disciplinary action, [the provisions concerning punishment] Article 12 (Disciplinary Grounds) and falls under any of the following subparagraphs, he/she may be subject to disciplinary action:

2. Person who has concealed the company's prestige; and

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