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(영문) 부산지방법원 2016.05.12 2015가합2082

임금

Text

1. The Defendant’s disposition of dismissal on March 5, 2014 against the Plaintiff is invalid.

2. The defendant shall make the plaintiff 18,473.

Reasons

1. Basic facts

A. On June 20, 2013, the Plaintiff was employed and worked for the Defendant, and on January 22, 2014, the Plaintiff was subject to an accident that goes beyond the ice stairs while supplying 50L nitrogen to the Customer (hereinafter “instant accident”).

The Plaintiff was hospitalized in B Hospital from February 12, 2014 to March 3, 2014 due to the instant accident and received treatment, after suffering from the sprinking and net sprinking of both sides.

B. On February 27, 2014, the Plaintiff received a decision on medical care and insurance benefits from February 12, 2014 to March 4, 2014 from the Korea Workers’ Compensation and Welfare Service. Although an industrial accident was approved for the lusium and each side of the lusium and the lusium damage to lusium, the Plaintiff was subject to a disposition of non-approval for both lusium and net rusium.

C. On March 5, 2014, the Plaintiff did not work to the Defendant even after the expiration of the pertinent medical care period, and the Defendant entered the date of deprivation of qualification (retirement) on March 26, 2014 as “voluntary retirement due to personal circumstances” and entered the date of deprivation of qualification (retirement) on the ground of “voluntary retirement due to individual circumstances” as “ March 5, 2014,” and thus, “the Plaintiff’s report on the loss of insured status to the Busan Northern Employment Center.”

)를 하였다. 라. 피고의 취업규칙 중 이 사건과 관련된 부분은 다음과 같다. ▣ 취업규칙 제27조(결근계 제출

1. When an employee is absent from work due to a disease or any other unavoidable cause, he/she shall submit a report of absence from work within 24 hours;

Provided, That if absence from office due to disease is at least three days, a medical certificate issued by a doctor shall be attached thereto.

(c) if the absence is not notified in advance by wire or the absence is not made, the absence shall be treated as absence;

Article 52 (Uniform)

1. When the grounds for temporary retirement cease to exist, a person who has not been reinstated shall be deemed to have renounced and retired from office;

Article 74 (Dismissal) Any person falling under any of the following subparagraphs shall be dismissed:

2. He is subject to disciplinary action for not less than three times due to poor attendance record; and