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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. The total cost of the lawsuit is due to the participation.
Reasons
The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was established on June 24, 1964, and had its principal office in Gangseo-gu Seoul Metropolitan Government, and was engaged in the management and use of musical works by using 165 full-time workers.
On March 8, 2010, the Plaintiff became a member of the Intervenor and served as the head of the Busan Branch Office of the Intervenor from March 23, 2014.
On May 26, 2016, an intervenor held a personnel committee and decided to take disciplinary action against the Plaintiff for two months of suspension from office (the date before being amended by May 10, 2016; hereinafter “former personnel regulations”) pursuant to Articles 36 and 37 of the former Personnel Management Regulations (amended by the former Personnel Management Regulations, hereinafter “former Personnel Management Regulations”). On May 30, 2016, the intervenor notified the Plaintiff of the disciplinary decision on disciplinary action on July 1, 2017 on the effective date.
(hereinafter “Disciplinary Action 1”)
1. On February 15, 2016 and March 24, 2016, the intervenor ordered the Plaintiff to submit relevant documents in accordance with the business instruction and improvement order to supplement all the documents not submitted at the time of appointment of the Plaintiff at the time of appointment of the Plaintiff (at March 2010, at the time of conversion of contract positions and regular workers) by the Ministry of Culture, Sports and Tourism (hereinafter “the Ministry of Culture, Sports and Tourism”), such as refusal of legitimate business instructions, but the Plaintiff refused to submit relevant documents (hereinafter “Disciplinary Reason 1”) on the grounds of personal litigation issues with the petitioner, and neglected the duty to report.
2. Although the Culture, Sports and Tourism, as a trust management organization, has ordered the Intervenor to submit relevant documents first, it refuses to do so, resulting in a strong phase of sanctions such as notification of an order for improvement of duties related to employment by the Culture, Sports and Tourism, etc., which led to the failure of such order, and thus, the Intervenor’s trust and honor is respected - violation of the former personnel regulations - Article 36 subparag. 4 of the former Personnel Management Regulations.