해고무효확인 및 임금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 1, 201, the Plaintiff was employed as the Defendant’s street cleaners (inorganic Contract Workers).
B. On March 9, 2017, the Defendant took disciplinary action against the Plaintiff on the ground that “the Plaintiff, while under suspension from office on September 27, 2016 and October 26, 2016, under the influence of alcohol, caused disturbance and disturbance in the workplace and disturbs the order in the workplace. As a result of the blood alcohol measurement on January 13, 2017, up to 0.4% in blood alcohol concentration, and violated the service regulations by impairing the order in the workplace and following the act of disturbance in the environment ecosystem and office.”
(hereinafter “instant dismissal”). [Ground of recognition] A’s absence of dispute, entry of A’s evidence No. 1, and the purport of the entire pleadings
2. In light of the overall circumstances, such as the Plaintiff’s degree of misconduct, the Plaintiff’s attitude to reflect the Plaintiff’s misconduct, and the Plaintiff’s claim for disciplinary action, the dismissal in this case is unfair as it loses the adequacy of disciplinary action, and thus, is null and void, and the Defendant should pay monthly wages to the Plaintiff until the Plaintiff is reinstated.
3. Determination as to the invalidity of the dismissal of this case
A. The following facts are acknowledged in light of the purport of each description and pleading of Nos. 1, 2, 3, 5, 7, 13, 16, 21, 22, and 22.
1) On June 25, 2013, the Plaintiff lost its membership as a member of the Plaintiff’s labor union in Gwangju Metropolitan City due to an act of disturbance of drinking. 2) On August 19, 2013, the Defendant issued a reprimand against the Plaintiff on the grounds of the Plaintiff’s act of disturbance of drinking, etc.
3) On November 25, 2013, the Plaintiff prepared and submitted to the Defendant a letter that the Plaintiff’s act of failing to comply with instructions, drinking while on duty, and drinking is against the Defendant’s act of disturbance under influence. 4) The Plaintiff committed an act of drinking and working on September 2, 2014 and October 31, 2014, and the Plaintiff committed an act of neglecting duties on November 11, 2014.