부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a company that employs approximately 100 full time workers and carries on passenger transport business.
The plaintiff is a person employed by the intervenor on April 20, 201, who served as an urban bus driver after being employed by the intervenor.
B. On October 11, 2016, the Plaintiff, while driving C urban bus (D; hereinafter “instant vehicle”) around 06:42 on October 11, 2016, caused an accident in which the distance in front of the exit No. 8 located in the Bupyeong-gu Office of Incheon, Bupyeong-gu, Bupyeong-gu, Incheon, along the parallel of five lanes from the parallel parallel to the intersection of the Bupyeong-gu, Bupyeong-gu, Incheon, along the parallel of five lanes, was moving back to the intersection of the original mountain tunnel, while the direction of the passage led to a shock of E where pedestrians walk the crosswalk from the right side of the instant vehicle to the left side of the instant vehicle (hereinafter “instant traffic accident”).
C. Since then, the Intervenor recommended the Plaintiff to resign on the ground of the instant traffic accident, but the Plaintiff rejected the resignation.
On April 24, 2017, the intervenor held the first instance court disciplinary committee and decided to dismiss the Plaintiff as of June 1, 2017 in relation to the instant traffic accident caused by the Plaintiff.
Although the Plaintiff filed a petition for review with the Intervenor, on May 31, 2017, the Intervenor held a Review Disciplinary Committee to decide on the same content as the said Elementary Trial Disciplinary Committee, and notified the Plaintiff thereof.
(D) On June 21, 2017, the Plaintiff asserted that the Intervenor was the respondent and filed an application for unfair dismissal with the Incheon Regional Labor Relations Commission for disciplinary dismissal on June 1, 2017.
On October 20, 2017, the Incheon Regional Labor Relations Commission rendered a decision to accept the plaintiff's application for remedy on the ground that "the intervenor's disciplinary dismissal on June 1, 2017 was unlawful by abusing his/her disciplinary discretion." The above trial tribunal was finalized around that time.
(e) an intervenor.