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(영문) 서울중앙지방법원 2018.11.27 2017가단5145747
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On April 27, 2011, the Plaintiff became a member of Defendant H Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and has been working for the compulsory contracting division at the Distribution Network Center in the Defendant Co., Ltd (department in charge of providing smartphones to customers to whom the loss of a smartphone occurred and follow-up measures, etc. for insurance contracts) from January 1, 2013.

It is the purport that Kwikset service company was used to provide Kwikset service company with a deposit of KRW 1,000 per case where the plaintiff received from Kwikset Service company used for the business of the company, if the customer who lost the prokset cell phone fraud from Kwikset to the customer who lost the prokset, wants to deliver the mobile phone at the distribution network center.

Article 11 (Prohibited Matters) (3) of the Personnel Regulations shall not directly or indirectly receive any case or make any monetary transaction in connection with his/her duties.

Article 66 (Disciplinary Criteria) (9) of the Personnel Regulations has no bad faith when abusing his position to acquire corruption and accept bribery, etc.; most of the purposes of use are used by his/her members; thus, it is recognized as an act to create rebates; however, Article 66 (Disciplinary Criteria) of the Regulations on the Personnel Management of Sexual Inducing Sexual Defacing and Aggravated Defacing with a Customer of Sexual Harassment in the Center for Determination that there is a ground for mitigation; and Article 66 (Disciplinary Criteria) of the Regulations on the Personnel Management of Infacing Sexual Harassment or Infacing the company’s reputation; and (3) when sexual harassment or sexual harassment was committed in the Company, there is a consistent argument on both parties; however, evidentiary materials and related persons’ arguments are inconsistent; and sexual harassment was committed

B. On February 28, 2017, Defendant Company committed the Plaintiff’s misconduct by holding a personnel committee (the chairperson: Defendant E, members: I, J, K, and secretary: L) with the following contents.

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