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(영문) 서울서부지방법원 2016.02.04 2015가합32141
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a company running broadcasting business, cultural service business, advertising business, etc., and the plaintiff is a person dismissed from the defendant on January 6, 2014 when he/she served as the defendant's employee after being ordered to work as the defendant's employee.

On December 19, 2014, the Defendant held a personnel committee on December 19, 2014 and on November 29, 2014. On November 19, 2014, the Defendant decided to dismiss the Plaintiff pursuant to Articles 3, 4, 66(1), 66(2), 6, and 10 of the Rules of Employment on the ground that the Plaintiff committed sexual harassment on the job, such as the Plaintiff’s bucks and losses, and sought to do so to C, and accordingly, dismissed the Plaintiff on January 6, 2015.

(hereinafter “instant dismissal disposition”). The Plaintiff filed an application for review on the instant dismissal, but the Defendant Personnel Committee held a review on January 14, 2015 and confirmed the instant dismissal disposition by determining the dismissal.

The provisions relating to the defendant's rules of employment are as follows.

Article 3 (Duty to Observe) of the Rules of Employment shall work for employees in accordance with the working conditions prescribed in these Rules, and employees shall comply with the matters prescribed in these Rules and the provisions of the Company and perform their duties faithfully in accordance with the commercial instruction.

Article 4 (Maintenance of Dignity) Employees shall not commit any act detrimental to the honor and dignity of the defendant, and shall observe the principles of broadcasting principles and the code of ethics, respect mutual dignity, and maintain order in the workplace.

Article 62 (Categories of Disciplinary Action) Types of disciplinary action and details of such disciplinary action shall be as follows:

1. Caution: He shall admonish in writing the facts causing the disciplinary causes;

2. Probation: He shall designate a workplace within a fixed period of not more than 15 days, and ensure that he is well aware of it;

3. Reduction of salary: Not more than six months shall be paid in accordance with the remuneration regulations and business remuneration regulations for the relevant period;

4. Suspension of attendance at work: It shall be within 30 days, and the salary for the relevant period shall not be paid;

5. Suspension from office: It shall be within six months, and shall maintain the status of an employee during such period, but shall perform his/her duties;

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