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(영문) 서울행정법원 2020.01.31 2019구합66354
부당해고구제재심판정취소
Text

1. On April 15, 2019, the National Labor Relations Commission applied for a review of unfair dismissal C between the Plaintiff and the Intervenor joining the Defendant.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a research institute established pursuant to Article 8(1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc., and carries out broadcasting, telecommunications and media-related research and development, etc., and as an affiliated institution, a research institute that performs duties related to telecommunications security research (hereinafter “instant research institute”).

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was employed as the E-Center leader of the instant research institute on September 15, 2015 and served as the Intervenor.

B. The instant research institute operated the period of strengthening information on sexual harassment and sexual harassment in the instant research institute from February 14, 2018 to February 23, 2018, with regard to “the U.S. movement”.

On February 21, 2018, 12 former and incumbent researchers belonging to the E Center submitted to the E Center a written application for the settlement of sexual harassment against the Intervenor.

The instant research institute conducted an investigation into the Intervenor’s sexual harassment case through the grievance counseling counter from March 9, 2018, and decided on June 12, 2018 as a result of holding the Intervenor’s sexual harassment deliberation committee on three occasions.

C. On July 25, 2018 and August 17, 2018, the instant research institute held a disciplinary committee against the Intervenor. On August 24, 2018, the research institute decided to dismiss the Intervenor by deeming that the Intervenor violated Article 44 of the Work Guidelines and committed an act falling under Article 3 of the Guidelines for the Prevention of Sexual Harassment (hereinafter “instant Disciplinary Reason”) and notified the Intervenor thereof.

Therefore, although the Intervenor filed an application for reexamination, the instant research institute held a Review Disciplinary Committee on September 21, 2018 and October 16, 2018, and held a new disciplinary committee on November 5, 2018, and held again on November 6, 2018; hereinafter referred to as “instant dismissal”), referring to the number of grounds for individual disciplinary action stated below among the grounds for the instant disciplinary action (hereinafter referred to as “the number of grounds for individual disciplinary action”).

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