해고무효확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a company with the objective of manufacturing, researching and developing cement products, and cement distribution-related business. The Plaintiff is an employee who entered the Defendant company and worked for one team from September 22, 2017 to July 17, 2019.
B. On June 19, 2019, at around 16:00, the Plaintiff worked to work for the second class, and at around 18:00 on the same day, the Plaintiff is deemed to have smelled and drinking at around 18:00 on the same day, and accordingly, the Plaintiff measured the Plaintiff’s drinking condition three times using a drinking reduction tool and a drinking measuring instrument by a proxy belonging to the Defendant Company 1 Team.
In three times, both the results of the measurement of the drinking-free measuring instrument were “hh”, and the results of the measurement of the drinking-free measuring instrument were “0.4%.” The Plaintiff retired from the service. (c) On June 20, 2019, the Plaintiff, at around 16:00, prepared an interview and an explanatory note in the presence of the head of the Defendant Company D team, C representative, E workplace, and F team leader, in order to explain the situation of attendance at the work in the previous state of drinking. Even in such a case, the Plaintiff measured the Plaintiff’s drinking conditions from 16:40 to 16:45 by using the drinking-free measuring instrument and the drinking-free measuring instrument. As a result of the alcohol-free measuring instrument, the Plaintiff was measured as “hh” and “hhhh”, and the drinking-free measuring instrument” by 0.4%.
On June 21, 2019, at around 09:00, the Plaintiff moved to the H Hospital Health Center with C’s agent, and came to collect blood around 09:50 on the same day after preparing a written consent to collect blood. As a result of the blood examination, the blood alcohol concentration of the Plaintiff was 0.4mg/dl.
E. The Defendant Company held a general punishment committee on July 10, 2019, and made a resolution on disciplinary action following the violation of the rules of employment on the ground that the Plaintiff was found to have worked in a state of drinking on two occasions on June 19, 2019 and the blood alcohol level was 0.4% as a result of the alcohol alcohol measurement, and even based on the result of H Hospital blood collection, it is evident that the alcohol level was 0.4%.