부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the decision on retrial;
A. The intervenor was established on December 4, 1978 and run a manufacturing business of automobile parts by using approximately 370 full-time workers. The plaintiff joined the intervenor company on April 29, 2002 and served as an inspector at the bending quality control team of the bending factory.
B. On December 26, 2016, the Intervenor requested a disciplinary resolution against the Plaintiff for the following reasons to the personnel committee, and notified the Plaintiff and the B-Trade Union (hereinafter “instant trade union”) to which the Plaintiff joined on January 27, 2017, that the personnel committee will be held on January 5, 2017.
From September to October, 2014, the Plaintiff access to sports betting sites, or viewed real-time sports broadcasting during business hours. From January 17, 2015 to November 17, 2016, the Plaintiff visited approximately 446.4 hours (daily average of about 1 hours and 20 minutes).
(hereinafter “instant Disciplinary Reason”). C.
The Intervenor decided to dismiss the Plaintiff on February 6, 2017, based on Article 65 subparagraph 8 of the Rules of Employment, at the personnel committee held on January 5, 2017, and notified the Plaintiff and the instant trade union on the same day.
On January 13, 2017, the Plaintiff filed a petition for a new trial with the Intervenor, and the Intervenor notified the Plaintiff and the instant trade union of the plan to hold a new trial on the 18th day of the same month on the same day.
E. On January 13, 2017, the instant trade union requested a postponement of holding a personnel committee (re-deliberation) on the grounds of the schedule of the instant trade union. On the same day, the intervenor obtained the consent of the Plaintiff on the same day, and then notified the Plaintiff and the instant trade union again on January 20, 2017 that the personnel committee (re-deliberation) will be held.
F. On January 19, 2017, the instant trade union again requested a postponement of holding a personnel committee (re-deliberation). However, the intervenor notified the instant trade union on the same day that the postponement was impossible.
(g) An intervenor was held on January 20, 2017.