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(영문) 서울서부지방법원 2016.10.13 2016가합30814
정직처분무효확인 청구의소
Text

1. On December 3, 2015, the Defendant confirmed that the three-month disciplinary action taken against the Plaintiff on December 3, 2015 is invalid.

2...

Reasons

1. Basic facts

A. The defendant is a stock company running broadcasting business and cultural service business.

On December 18, 2006, the Plaintiff joined the Defendant and served as a broadcaster.

B. 1) On February 26, 2013, the Defendant issued a disposition of suspension from office for six months on the ground that “the Plaintiff, on January 3, 2013, posted a letter to the bulletin board inside the Defendant’s news media, that reads the character of the Defendant’s executives and employees of the news media, thereby impairing the order of work.” 2) On March 12, 2013, the Defendant issued a disposition of suspension from office for the Plaintiff on the ground that “the Plaintiff was subject to an individual assessment of the lower class of the Plaintiff at least three times within the last three years.”

C. The Plaintiff filed a lawsuit against the Defendant seeking the revocation of the above suspension of six months and the suspension of one month (Seoul Southern District Court 2013Gahap7258). On April 4, 2014, the said court rendered a judgment in favor of the Plaintiff on the ground that the said suspension of six months was illegal on the ground that the Defendant’s disciplinary discretion was abused or abused.

The appeal filed by the Defendant (Seoul High Court 2014Na21849) was dismissed on December 24, 2014, and the appeal filed by the Defendant (Supreme Court 2015Da8698) was dismissed on May 14, 2015.

Afterward, the defendant, as to the plaintiff on December 3, 2015, published the facts of the above misconduct on January 3, 2013, and ② from July 18, 2012 to December 26, 2012, posted the company's free bulletin board with non-founded criticism, insult, and defamation comments on the company's executives and employees, thereby internal dividing the employees and impairing the order of the workplace. ③ In the latter half of 2012, the defendant presented opinions on the proposal for entry of the personal business report and the network matters, and criticizes the internal employees through a normal recruitment procedure without any grounds, thereby causing the division of employees.

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