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(영문) 서울행정법원 2015.11.05 2014구합18244

부당해고구제재심판정취소

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1. The National Labor Relations Commission shall provide relief for unfair dismissal and unfair labor practices on September 4, 2014. < Amended by Presidential Decree No. 25670, Sep. 4, 2014>

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that runs bus transportation business using 280 full-time workers.

The National Public Transport and Social Services Trade Union (hereinafter referred to as the "Public Transport and Social Union") is an industrial trade union organized for workers engaged in transportation business, etc., which has a chapter C branch of the Plaintiff Company.

On November 1, 2001, an intervenor joined the Plaintiff Company and served as a bus driver, and is the head of the branch of the C branch.

B. On February 25, 2014, the Plaintiff held a disciplinary committee and resolved to dismiss the Intervenor on the following grounds for disciplinary action (hereinafter “instant grounds for disciplinary action”); and on the same day, notified the Intervenor on the same day.

(hereinafter “instant dismissal”) On July 1, 2013, the Intervenor posted a banner that “from July 19, 2013 to December 30, 2013, the Intervenor lost the company’s reputation and credit.”

2. On July 19, 2013, the Intervenor gathered a company by distributing to many and unspecified persons printed matters containing false facts in the Resolution Competition.

3. The Intervenor violated the peace duty by putting the steel tower and farming in force from October 3, 2013 to December 30, 2013 and damaged the honor and credit of the Company.

4. On November 16, 2013, an assembly held to support the intervenor’s steel tower, store, and farmity, and then the participants involved in the assembly interfere with the business by entering the company and illegally posted a Stick to the company, thereby causing damage to the company.

5. On November 26, 2013 and November 30, 2013, the Intervenor’s division division, upon the instruction of the Intervenor, destroyed the company’s reputation and credit by committing unlawful acts, such as having its members visit the Gangwon-gu Office of the Regional Employment and Labor Agency to sell a company and attempting to sell a company, etc.

6. On December 23, 2013, the members of the C Branch, who were instructed by the Intervenor, enter the D Branch in the family office and set up the Stick with 100 boxes.