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(영문) 서울중앙지방법원 2016.08.12 2015가합570549
정직처분 무효 확인등
Text

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

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

Reasons

Basic Facts

The defendant is a company established for the purpose of financial business, etc.

On January 11, 1982, the Plaintiff joined the Defendant and served as the branch office of Defendant B from January 2015.

In the personnel committee held on August 19, 2015, the Defendant decided on the disciplinary action against the Plaintiff for three months of suspension from office due to the ground that “the Plaintiff, in violation of Article 17 (Prohibition of Sexual Harassment on Job) of the Personnel Regulations and Chapter Three (Service Ethics of Officers and Employees) of the KB Ethics Code, he saw the Plaintiff’s personal contact C, who caused the team created around the time when the meeting place is completed, hump, and hump to face,” and notified the Plaintiff of the result of the said disciplinary action on August 25, 2015.

(hereinafter “instant disciplinary action”). On June 9, 2015, the Plaintiff was issued a standby order for the instant disciplinary action, and the Plaintiff was issued a personnel order on December 1, 2015, following the expiration of the period of the said disciplinary action.

The parts related to this case among the defendant's personnel regulations, service management guidelines, and personnel management guidelines are as follows:

[Personnel Regulations] Article 17 (Prohibition of Sexual Harassment on Job) Employees shall respect each other, observe precedents, and shall not infringe on the personality of other employees or interfere with their duties due to sexual harassment.

[Guidelines for Operation of Service] The disciplinary action against an employee under Article 37 (Disciplinary Decision) shall be decided by the head of the bank after deliberation by the personnel committee.

Article 38 (Unlawful and Unjust Acts Subject to Disciplinary Action) Where an employee commits any of the following acts, he/she shall be subject to disciplinary action:

11. Where a person commits sexual harassment on the job, the types of and grounds for disciplinary action under Article 39 shall be as follows:

1. Dismissal;

(a) Where it causes serious loss to banks or customers or significantly disturbs order by engaging in illegal or unjust activities intentionally or by gross negligence;

2. Suspension from office for all or part of the business: It shall fall under any of the items of subparagraph 1, but shall have the reason for normal participation;

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