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(영문) 광주고등법원 2015.12.16 2015나785

해고무효확인

Text

1. Revocation of a judgment of the first instance;

2. We affirm that the Defendant’s dismissal of the Plaintiff on November 11, 2013 against the Plaintiff is null and void.

3...

Reasons

1. Basic facts

A. 1) The Defendant is a company established on March 29, 1980 for the purpose of the taxi passenger transportation business, etc. (2) The Plaintiff joined the Defendant on July 25, 2009 and served as a taxi driver.

B. The purpose of the Rules of Employment of the Defendant is to establish the basic matters concerning the employment of the Defendant’s employees under the Labor Standards Act.

Except as otherwise provided for in these Rules, the employment of members under Article 2 (Scope of Application) shall be governed by these Rules.

Article 34 (Retirement)

1. Retirement shall be classified into retirement, resignation, and dismissal, and each company shall retire when a member falls under any of the following subparagraphs:

(2) When a disciplinary action is taken, Article 35 (Procedures for Retirement)

4. When a member retires due to any cause attributable to the member, such as dismissal, the defendant shall without fail take disciplinary action.

Article 40 (Dismissals) Any member who falls under any of the following subparagraphs may be dismissed:

However, disciplinary action may also be taken in consideration of the circumstances.

7. A person who assaults, threatens, or interferes with his/her business to a commercial person, partnership, or his/her family member;

8. A person who disturbs, aids or abets the order of the defendant, or who is deemed to pose a dangerous danger to a similar act; 28. Where a person who is deemed to have special grounds is dismissed from office, he/she shall undergo disciplinary proceedings without fail.

Article 46 (Disciplinary Action upon Approval of the Minister of Labor if the continuation of business is impossible due to a natural disaster or other unavoidable causes)

1. Members shall not be disciplined unless they follow the rules of employment;

Article 47 (Categories of Disciplinary Actions)

1. Reprimand: In the event that the circumstances are insignificant, the person in question shall receive a written warning from the person in question to prevent him from entering the future, or give him a warning; and

2. Reduction of salary: Scope which does not exceed 1/10 of the total wages during a period of wage payment;

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