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(영문) 서울서부지방법원 2018.10.18 2017가합34400
징계무효확인청구
Text

1. Of the instant lawsuit, the part of the claim for confirmation of invalidation regarding removal from position and disciplinary action shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. (1) The Defendant, a school foundation that established and operates C High Schools, is a D Co., Ltd. (hereinafter “D”) that is engaged in the service business around early 2010, the dispatch business of workers, etc.

(D) A contract was entered into between Chigh School and D with the content that the work, such as facility management, security management, and operation of dormitories, is conducted (hereinafter “instant service contract”).

(2) On February 10, 2010, the instant service contract was renewed on a one-year basis, and the Plaintiff entered D on February 10, 2010 and was in charge of duties, such as the management of dormitories, student life, and personality guidance, at Chigh School from the same day to May 31, 2015 in accordance with the instant service contract.

3) On May 27, 2015, the Plaintiff directly concluded with the Defendant a contract term of one year (from June 1, 2015 to May 31, 2016) and three million won for monthly salary (hereinafter “instant employment contract”).

(1) On May 31, 2016, the Plaintiff and the Defendant concluded a contract with C High School E (hereinafter “E”) on the same terms and conditions as the instant service contract, and continued to be in charge of the business of the director of the dormitory in C High School. On May 31, 2016, the Plaintiff and the Defendant set monthly salary at KRW 3,135,000. Meanwhile, from March 1, 2017, the Defendant concluded a contract with E (hereinafter “E”) on the same terms and conditions as the instant service contract, and continued to be in charge of the business of managing the dormitory in the same way as E.

B. On February 24, 2017, the Plaintiff filed a civil petition against the Plaintiff and the Defendant’s disciplinary action 1) with a contractual worker affiliated with D, who was in charge of life guidance teachers at a dormitory in Chigh School in accordance with the instant service contract (from December 24, 2014 to February 2017), and the principal filed a civil petition against the Plaintiff’s sexual harassment, abuse of authority, etc. in the workplace, such as the Plaintiff’s negative discourse, etc., and the said female employee G (from October 2016 to February 2017) filed a civil petition with the same purport as March 13, 2017, according to F’s civil petition. 2) The Defendant filed a civil petition against the Plaintiff.

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