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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 school juristic person operating a C Hospital (hereinafter “Defendant hospital”) under its control, and the plaintiff was enrolled in the defendant juristic person on July 11, 1990 and served on January 1, 2014 as the chief executive officer of the defendant hospital.
B. On January 20, 2016, the C Hospital Branch of the National Health and Medical Service Industry Workers’ Union (A) requested the Plaintiff to take disciplinary action against the Defendant Hospital Trade Union and the Defendant Corporation’s audit. On January 20, 2016, the C Hospital Branch of the Korea Health and Medical Service Industry Workers’ Union sent a public notice to the Defendant Corporation: (a) the Plaintiff received money in relation to the business by gifting golf loans to the executives and employees of the Defendant Hospital; and (b) the Plaintiff was given a reduction of KRW 43.9 million in relation to the Defendant Hospital’s treatment at the Defendant Hospital, but was granted a receipt,
B) Accordingly, the Defendant corporation, on February 19, 2016, had two auditors conduct an audit on the Plaintiff. As a result, two auditors submitted an audit report on the following summary on March 15, 2016, and presented their opinions that the Plaintiff’s act constitutes grounds for disciplinary action. ① Around February 2014, the Plaintiff gifts one set of golf loans to six chief executive officers, including the purchasing director of the Defendant Hospital. This goes beyond the scope of ordinary gifts under social norms, and is against the honor and the spirit of the Defendant hospital, and the statement without consistency in the value of the said goods is contrary to good dignity as the highest executive officer (hereinafter “gol loan products”).
(2) As to the case where the Plaintiff’s father (as at the time, 77 years of age was hospitalized in the Defendant hospital in an acute background around July 2014 and died at 37 days after the surgery, the Plaintiff was subject to reduction of KRW 43.9 million for the initial medical expenses, but on February 11, 2015, paid the above amount to the Defendant hospital, and from April 27, 2015 to May 2015.