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(영문) 서울행정법원 2018.12.14 2018구합3837
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. An intervenor is a public enterprise that employs approximately two thousand and twenty thousand full-time workers to engage in the construction and operation of urban railroads.

The plaintiff is a person who is employed by the participant and has been employed in the headquarters of land transportation business, etc.

B. On July 28, 2017, the Intervenor opened a personnel committee and decided to take disciplinary action against the Plaintiff on the grounds of sexual harassment and sexual harassment against the Intervenor’s employees, and notified the Plaintiff of disciplinary action on July 31, 2017.

(hereinafter referred to as the “instant disciplinary action”). C.

The Plaintiff filed an application for remedy with the Incheon Regional Labor Relations Commission that the instant disciplinary action constitutes unfair dismissal.

On December 20, 2017, the Incheon Regional Labor Relations Commission dismissed an application for remedy against unfair dismissal on the ground that the instant disciplinary action was justifiable.

(A) the first inquiry court of this case (hereinafter referred to as "the first inquiry court of this case") is d.

On February 2, 2018, the Plaintiff dissatisfied with the first inquiry tribunal of the instant case and applied for reexamination to the National Labor Relations Commission.

However, on March 29, 2018, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the ground that “this case’s disciplinary action does not have any procedural defect and is adequate to take a disciplinary measure.”

(Central 2018 Annexed 137, hereinafter referred to as “instant decision by reexamination”) / [based on recognition] The fact that there is no dispute, entry in Gap evidence 1 through 3 and 9 (including the number of pages; hereinafter the same shall apply) and the purport of the entire pleadings.

2. Whether the decision on the retrial of this case is lawful

A. According to the Plaintiff’s assertion 1) The personnel committee for disciplinary action (hereinafter “personnel committee”) is established according to the defective rules on the personnel administration of the Intervenor in the disciplinary proceedings.

The members shall be organized separately from the general personnel committee, a majority of the members shall be outside personnel, and only the rest of the members of the personnel committee shall be members of the participants who have certain qualifications.

However, the disciplinary committee is present at the time of the decision of the disciplinary action.

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