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(영문) 서울고등법원 2019.06.21 2018나2044013
징계무효확인등
Text

1. Revocation of the first instance judgment.

2. The Defendant’s disciplinary action against the Plaintiff on November 16, 2017, which was one month of suspension from office.

Reasons

1. Basic facts

A. The defendant is a multi-national corporation C, which has its head office in the United States, and is a Korean corporation that manufactures, sells, exports, or imports drugs.

On February 10, 2014, the Plaintiff was employed by the Defendant and worked as the head of the department (general director, Busi business entity) of the diagnostic system business division (hereinafter “DS business division”).

B. On September 14, 2015, the Defendant issued an organizational restructuring and personnel order (hereinafter “instant personnel order”).

From October 1, 2015, this combines “DS business entity” and “PAS business entity” into “DS & PAS business entity” and combines the Plaintiff into “DS & PAS business entity,” and is to be a market development director of the same business entity.

C. After that, on June 19, 2017, the Defendant rendered a compulsory disposition to change the Plaintiff’s work as of July 1, 2017, to lower the organization level, and to reduce the benefits (hereinafter “instant compulsory disposition”).

The Plaintiff filed an application for remedy with the Labor Relations Commission by asserting that the instant order of demotion is unreasonable.

On September 4, 2017, the instant disposition of demotion issued by the Labor Relations Commission (Seoul Regional Labor Relations Commission No. 2017 No. 1516) an order to remedy the Labor Relations Commission (Seoul Regional Labor Relations Commission No. 2017 No. 1516) to revoke the instant disposition of demotion on the grounds that the determination thereof is unreasonable compared with the grounds for disciplinary action, and the Defendant notified the Plaintiff of one-month disciplinary action of suspension from office (hereinafter “instant disposition of suspension from office”).

Work shall be suspended during the period of suspension from office and shall be treated as unpaid.

① From June 2015 to August 2015, harming the morale of its employees and harming the atmosphere of its organization by engaging in high-tension and inevitable speech to subordinate employees, including F, including F, etc.

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