부당노동행위구제재심판정취소
1. All appeals filed by the Defendant and the Intervenor are dismissed.
2. The costs of appeal shall be those resulting from the participation in the appeal;
1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the addition or dismissal as set forth in the following paragraph (2). Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2.The 7th page 9 to 11 of the addition or height shall be as follows:
“7) The Intervenor arbitrarily carried out business activities using the Plaintiff taxi during the 92-day period from July 2012 to May 2016.
Nos. 11, 5, and 13 are as follows. Whether a certain misconduct by a worker subject to disciplinary action is a cause of disciplinary action is determined by the disciplinary committee, etc. through specific materials, and the grounds for disciplinary action under the rules of employment or disciplinary regulations stated in the resolution or disciplinary action are not limited only to the grounds for disciplinary action.
(See Supreme Court Decision 95Nu15742 delivered on September 20, 1996). “Other grounds different from the existing grounds for dismissal” that cannot be considered in determining the legitimacy of dismissal refer to a case where the facts constituting grounds for dismissal, etc. are new facts, and it does not mean a case where the facts are substantially identical and the disciplinary regulations are different.
The Plaintiff: (a) the Intervenor’s wrongful act that “in the event of absence from office, the Intervenor submitted a leave of absence to the company and submitted a leave of absence to the company; and (b) the Intervenor’s voluntary act of 11,111,398 won by using the Plaintiff taxi at his own discretion (hereinafter “instant improper act”) was committed by the Intervenor’s embezzlement of the company’s property (Article 61 subparag. 2 of the collective agreement of 2015, Article 18 subparag. 15 of the Rules of Employment of 2015, Article 5 subparag. 15 of the Discipline Regulations of 2015, Article 5 subparag. 15 of the Disciplinary Rule); and (c) the Plaintiff’s taxi.