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(영문) 대전지방법원 2017.09.14 2016구합106116
부당징계구제재심판정취소
Text

1. The part concerning the claim of money among the lawsuits of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a representative operating the Dvalescent Hospital located in Daegu Dong-gu, Daegu (hereinafter “instant hospital”), and the Intervenor joining the Defendant (hereinafter “ Intervenor”) was working for the instant hospital as an assistant nurse on November 3, 2015.

나. 참가인은 이 사건 병원에 입사한 후 약 2주간 지난 후 자신의 희망에 의하여 간병조무사 업무를 담당하게 되었고, 2016. 4. 4. 이 사건 병원 입원환자 E의 저녁 식사보조를 하면서 주사기를 사용하여 뉴트리웰켄(식사대용 영양보충 음료)을 E의 입에 넣어 주었다.

Since then, E was transferred to another general hospital on April 7, 2016 due to symptoms of waste.

C. On May 11, 2016, the instant hospital disciplinary committee decided 15 days of suspension from office on the ground that the Intervenor violated Article 76(7), 8, 12, and 17 of the Rules of Employment due to the following disciplinary reasons. Accordingly, the Plaintiff notified the Intervenor of 15 days suspension from office on the same day.

(hereinafter “instant disposition of suspension from office”). Disciplinary reasons

A. The intervenor ordered the FSC chief of F consulting office, who is a workplace master, to submit a patient safety accident report on the occurrence of a resistant waste patient, but did not obey it but did not obey the direction of the superior, and did not obey the direction of the superior. B. It is determined that the intervenor exceeded the level of water that could occur in the course of performing his/her duties.

In addition to the above actions, since the patient and other employees are abolished due to bad working attitude, disciplinary action under Article 76 (Disciplinary Action) Item 7, 8, 12, and 17 of the Rules of Employment of the present Board is taken.

d.

On May 30, 2016, an intervenor dissatisfied with the instant disposition of suspension from office, filed an application for remedy with the North Regional Labor Relations Commission on May 30, 2016, and the North Regional Labor Relations Commission on July 21, 2016 recognizes that the instant disposition of suspension from office is an unfair disciplinary measure.

The plaintiff is served 30 days from the date of receipt of the written award.

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