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(영문) 대전지방법원 2020.12.02 2019가합108262

근로에관한 소송

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The related defendant between the parties is established on December 30, 1965 and employed 490 full time workers and engaged in passenger transport service, etc., and the plaintiff is a corporation that enters the defendant on August 8, 1997 and works as an employee working on board.

B. (1) On November 21, 2018, the Plaintiff: (a) caused the instant accident, etc.; and (b) caused the occurrence of the instant accident to contact the fence part after the right side of the BMW E vehicle (hereinafter “instant accident”) in the exit where the Plaintiff was running a bus outside the city (Defendant D) and leaving the bus terminal in transit with one lane in the exit area where the Plaintiff was running along the bus outside the city at the same time (hereinafter “instant accident”).

At the time, the Plaintiff was a fixed passenger employee of the Defendant. On December 27, 2018, G 1,166,000, G 27 December 27, 2018, the Daejeon Service Center 7,400,000, and I (J) on January 10, 2019, the Plaintiff was a member of the Defendant’s fixed passenger business. On January 4, 2019, the Defendant was a member of the Financial Cooperative, and on December 23, 200, the Plaintiff paid the amount of the direct damage paid to the Defendant. On December 27, 2018, the Plaintiff paid the amount of the KRW 11,23,60 (insurance Money) in total as follows.

3) At the time of the instant accident, the Defendant calculated the damage amount of the Defendant’s cross-city bus (D) that the Plaintiff driven at the time of the instant accident as KRW 47,916. Ultimately, the Defendant’s final damage amount calculated by the instant accident was KRW 11,281,516 (=the aforementioned KRW 11,233,600).

C. On January 22, 2019, the Defendant: (a) notified the Plaintiff of the instant disciplinary action that “In accordance with the procedure of the instant disciplinary action (Article 29(1)2 of the Organization Convention) and the provision on the level of disciplinary action (Article 26 of the Organization Convention) in relation to the instant accident, the Defendant would not hold a standing committee and would be issued as 25 days of suspension from office as of February 8, 2019. If an objection is raised in the issuance of disciplinary action, the Defendant notified the Plaintiff of the advance notice of the disciplinary action that “The Plaintiff would be urged to apply for deliberation by the standing committee within seven days from the date of receipt of the notification.” (b) The Plaintiff requested the deliberation of the standing committee on January 28, 2019, and accordingly, on March 11, 2019.