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(영문) 대구지방법원 2019.02.14 2018가합201942
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 10, 2013, the Defendant was an educational foundation that operates C University, and the Plaintiff was employed as a contracting employee of C University D Center in charge of performance planning.

B. 1) G that is a student of the C University and worked as E, F, and D Center staff member (management and supervision) of the D Center as a performance contest (i.e., inspection marks and guest seat rearrangement), G on September 6, 2017; H that was employed as the performance contest, and H that was operated by each Defendant on September 20, 2017 (hereinafter “instant gender equality center”).

(2) From September 6, 2017 to September 23, 2017, the Gender Equality Center was investigating E, F, H, G, Plaintiff, reference I, J, and K. (2) The Defendant’s sexual harassment and sexual assault countermeasure committee established on September 25, 2017 recognized the Plaintiff’s sexual harassment based on the results of deliberation by the Gender Equality Council, and demanded the president of C University to take disciplinary action against the Plaintiff on October 12, 2017.

3) The Contract Staff Disciplinary Committee operated by the Defendant (hereinafter “instant Disciplinary Committee”).

(4) From November 6, 2017 to December 20, 2017, the president of C University decided to dismiss the Plaintiff on December 20, 2017, following the deliberation of the Plaintiff’s sexual harassment on four occasions. 4) The president of C University dismissed the Plaintiff on January 4, 2018 on the ground that the Plaintiff caused the Plaintiff to feel sexual humiliation as indicated in the table below.

신고인 징계 혐의 사실 E [신체접촉] 회식 자리에서 원고가 E의 허벅지에 신체접촉을 함 F [신체접촉(어깨) 및 귓속말] 원고가 F의 어깨에 신체접촉을 함 어두운 공연장 안에서 원고가 F에게 귓속말을 함 [신체접촉(등)] 회식 자리에서 원고가 F의 등(브래지어 라인)에 신체접촉을 함 G [평소 신체접촉] 원고가 G의 어깨와 등(브래지어 라인)에...

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