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(영문) 서울중앙지방법원 2017.12.22 2017가합528641
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 employs approximately 4,50 workers and operates C University, C University Medical Center (hereinafter “Defendant Medical Center”), D University, etc., and is a legal entity that conducts educational business and profit-making business. The Plaintiff is a person who was employed by the Defendant Medical Center on June 1, 1994.

B. On September 22, 2016, the Defendant held a disciplinary committee and decided to take disciplinary action against the Plaintiff as of September 30, 2016 by providing the following matters as grounds for disciplinary action, and notified the Plaintiff thereof.

(hereinafter referred to as “instant dismissal”. 1. Violation of Acts and subordinate statutes (related grounds: Article 55 subparag. 1 of the Medical Service Act and the Personal Information Protection Act) (hereinafter referred to as “the person subject to disciplinary action”) is recognized to have abused the superior position of full-time workers and sent the E professor’s diagnosis form to F-Attorney by facsimile during civil litigation at the Seoul Central District Court without permission and without permission, and thus, subject to a disposition of a fine of KRW 3 million from the Suwon District Court in violation of relevant Acts and subordinate statutes (Article 88 and Article 21(1) of the Medical Service Act, Article 71 subparag. 6 and Article 59 subparag. 3 of the Personal Information Protection Act). The act of impairing the dignity of the medical personnel and impairing the reputation of the medical personnel inside and outside of the Republic of Korea (related grounds: Article 55 subparag. 3 and 5 of the Regulations on the Personnel Management of the Medical Personnel of the Medical Personnel). The act of insulting the medical personnel and his/her unlawful act of insult to the medical personnel’s own reputation or unlawful behavior.

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