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(영문) 서울행정법원 2020.04.23 2019구합70940
부당징계구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

The intervenor in the process of the retrial decision is a corporation that has been established on July 5, 1962 and runs a mutual aid and credit business with approximately 80 full-time workers in Changwon-si E with the main office in Changwon-si E.

The Plaintiff joined the Intervenor on June 1, 1995, and the director of the division was promoted on April 1, 2013, and served as the director of the Credit Business Mutual Aid & Insurance Division.

On April 3, 2018, an intervenor filed a complaint against the Plaintiff with an investigative agency for a violation of the Personal Information Protection Act, etc. On April 11, 2018, the intervenor released the Plaintiff from position and issued a standby order (hereinafter referred to as “first removal from position and a standby order”) based on Article 61(1)3 and 6 of the Personnel Regulations against the Plaintiff.

On August 27, 2018, the prosecutor of the Changwon District Prosecutors' Office issued a disposition of non-prosecution on the charge of the above accusation.

On September 17, 2018, the Audit and Inspection Council of the Intervenor decided to request disciplinary dismissal against the Plaintiff on September 17, 2018. On September 20, 2018, the Intervenor revoked the first removal from position and standby order against the Plaintiff, and then again issued removal from position and standby order (hereinafter “instant removal from position and standby order”) pursuant to Article 61(1)3 and 4 of the Personnel Regulations.

On October 30, 2018, the personnel committee of the intervenor decided to dismiss the plaintiff for disciplinary action against the plaintiff on the following grounds, and the intervenor notified the plaintiff on the same day.

hereinafter referred to as "the disciplinary dismissal of this case"

3) Audit and Inspection Agency name of the above detailed rules: (a) the details of the disclosure of personal credit information by occasional audit and inspection: (b) the Plaintiff violated internal rules to F members of the Union, thereby harming the trust between the Intervenor and its employees; and (c) violating the bylaws by a person who shall be an exemplary manager, knowing that he/she was material, was in violation of the rules; and (d) undermining the trust between the Intervenor and the customer who provided his/her personal information.

In addition, the plaintiff shall recover the data leaked and manage the accident.

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