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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company with the aim of the system integration and system operation business related to the electricity business, and the Plaintiff is a worker who joined the Defendant on March 16, 199 and was dismissed on March 9, 2015.
B. From January 2010, the Plaintiff worked as the Defendant B Team (former C Team and D Team) deputy head, and was responsible for the establishment of a business plan, the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”)’s order for construction work, supervision of construction process, etc. to select suppliers, and E was the F’s representative director who supplies video equipment, etc. to the Defendant.
On September 2014, the Plaintiff received an illegal solicitation from H restaurant located in Songpa-gu Seoul Metropolitan Government to the effect that “F is convenient in the course of receiving and delivering construction ordered by the Defendant” from E, and that F is able to receive the related construction in the future, and is given a delivery of KRW 5 million in cash and KRW 2 million in total.
C. The Defendant held a personnel committee on March 6, 2015 and committed an act contrary to the duty, statutes, or regulations as above, thereby violating the Defendant’s rules of employment (hereinafter “instant rules of employment”) and the code of conduct for executives and employees. The same month on the grounds that the Plaintiff violated the said rules of employment.
9. Disciplinary action against the Defendant was taken against the Defendant (hereinafter “instant dismissal”). D.
On April 10, 2015, the Plaintiff was indicted on the ground of the foregoing in breach of trust and was sentenced to a suspended sentence of two years for six months in the Seoul Central District Court 2015Gohap82 case. The Plaintiff appealed and appealed.
7.22. The Seoul High Court sentenced a fine of KRW 10 million in the case 2015No1160, the same year;
7. 30. The judgment became final and conclusive as it is.
E. The instant rules of employment, the code of conduct for executives and employees, the reward and punishment procedure, and the guidelines prior to the amendment of February 1, 2015 regarding the demand for disciplinary action related to the instant case (hereinafter referred to as “instant rules of employment”).