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(영문) 서울남부지방법원 2017.03.17 2016가합109605
징계처분무효확인 등
Text

1. A three-month disciplinary measure taken against Plaintiff A on July 25, 2016 and a demotion taken against Plaintiff B, respectively.

Reasons

1. Basic facts

A. 1) The defendant is a worker who was employed as the head of the C Culture and Sports Center (hereinafter “C Center”) managed and operated by the defendant from March 1, 2012 to October 26, 2014, with the aim of efficiently managing and operating the facilities and businesses designated by the head of Yangcheon-gu Seoul Metropolitan Government Office, thereby contributing to the convenience of the residents’ living, the promotion of welfare, and the improvement of productivity of autonomous districts. 2) The plaintiff is a worker who was employed as the manager of C Center swimming pool management from March 1, 2012 to October 26, 2014. The plaintiff B is a worker who was employed as the defendant on January 16, 2003 to work as the manager of C Center swimming pool management from February 14, 2007 to February 17, 2014.

B. The background leading up to the occurrence of the instant accident is 1) Yangcheon-gu Seoul Metropolitan Government (hereinafter “Yongcheon-gu”).

() On December 4, 2013, the Gu Council carried out an administrative affairs audit on C Center on December 4, 2013. The C Center employees left their place of work immediately after 12:00 p.m. and carried out meals to an organization from Ecafeteria located in Yangcheon-gu Seoul Metropolitan Government to 13:16:0 p.m., and the Plaintiffs and the swimming pool Safety Personnel F. around that place of work. (2) around that time, free swimming A program (hereinafter “instant swimming program”) of the free swimming A (hereinafter “instant swimming program”) was carried out from 13:0 p.m. to 13:0 p.m. to 13:6:00 p.m., the event that the participants of the said program (hereinafter “instant accident”).

At the time of the instant accident, only safety personnel H was working at the site of the instant swimming pool.

C. (1) On February 24, 2015, the Defendant convened a personnel committee meeting on February 24, 2015, and decided to dismiss the Plaintiffs as of March 2, 2015 on the ground that the following misconduct was caused (hereinafter “each of the instant dismissal dispositions”).

A. The grounds for the disciplinary action (the following grounds for the disciplinary action are not more than :

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