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(영문) 서울남부지방법원 2019.01.25 2018가합107696
인사규정무효확인
Text

1. The plaintiffs' lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a legal entity established to establish a fair and sound broadcasting culture in accordance with the Broadcasting Act and to efficiently implement domestic and foreign broadcasts. The Plaintiff A Trade Union (hereinafter “Plaintiff Union”) is a company-level trade union established with employees belonging to the Defendant, and Plaintiff B is an employee belonging to the Defendant and a representative of the Plaintiff Union.

Personnel Regulations (amended by Act No. 44 of March 15, 1975), Article 44 (Right to Request Disciplinary Action) ① The request for disciplinary action shall be made by the president, executive officers, director general of the competent office, director general of the competent bureau, or director general of the competent broadcasting bureau.

(2) The head of an office or broadcasting station related to another office or broadcasting station shall also have the right to request disciplinary action.

Personnel Regulations (amended on June 1, 198, No. 338, Jun. 1, 198), Article 61 (Right to Request Disciplinary Action) ① The request for disciplinary action shall be made by executive officers, the head of the department, or the head of the regional broadcasting station.

(2) Where the grounds for disciplinary actions are related to other departments or regional broadcasting stations, the heads of relevant departments or regional broadcasting stations may request disciplinary actions.

Article 59 (Right to Request Disciplinary Action) of the Personnel Regulations (amended by Presidential Decree No. 709 of Feb. 23, 2000) (amended by Presidential Decree No. 709 of Feb. 23, 200) (amended by Presidential Decree No. 1709 of Sept. 26, 2001) (1) The request for disciplinary action shall be made by the head of the executive agency, the

(2) Where the grounds for disciplinary actions are related to other departments or regional broadcasting stations, the heads of relevant departments or regional broadcasting stations may request disciplinary actions.

Article 59 (Right to Request Disciplinary Action) (1) of the Personnel Regulations (Amended by Act No. 1378, Apr. 11, 2018; Act No. 1378) (hereinafter referred to as the “Personnel Regulations”) (hereinafter referred to as the “Personnel Regulations”), the executive agency, the head of the relevant department,

(2) Where the grounds for disciplinary actions are related to other departments or regional broadcasting stations, the heads of relevant departments or regional broadcasting stations may request disciplinary actions.

B. The Defendant enacted the personnel regulations on March 9, 1973, and established the provision on the right to request disciplinary punishment under the Regulation No. 44 of March 15, 1975, and subsequently amended several times.

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