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(영문) 서울고등법원 2016.10.14 2016나2014605

해고무효확인 및 임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Defendant is a corporation with the purpose of transporting taxi transportation business. On September 16, 201, the Plaintiff is a person dismissed on May 28, 201, who was employed by the Defendant as a taxi driver. 2) The Plaintiff was a member of the Seoul Headquarters B division of the Seoul Trade Union (hereinafter “existing Trade Union”) but was expelled. On September 9, 2013, the Plaintiff was appointed as the head of the taxi site branch and the head of the B division of the taxi site branch.

B. (1) On October 19, 2013, around 15:00 on October 19, 2013, the Plaintiff (hereinafter “instant assault case”) dispute with E, the head of the existing labor union sub-branch, and the head of the partial sub-chairperson, which set forth in paragraph (2) with respect to the distribution of printed materials for public relations of labor union, belonging to the Plaintiff

2) On October 19, 2013, the Seoul Sungdong Police Station and the Plaintiff and F were suspected of assault.

C. On November 5, 2013, the Defendant held a labor-management disciplinary committee’s meeting on November 5, 2013, and appears to be a clerical error in Article 25 subparag. 2 and subparag. 8 of the collective agreement as to the act of going against the order of work in the company by exercising the fare, dispute, and violence on the garage around 15:00 on October 19, 2013, and thereby impairing the order of work in the company, and impairing the honor of the company to nearby residents. The Defendant violated the instant provision as grounds for disciplinary action. The Plaintiff was subject to the Plaintiff’s transfer disposition (hereinafter “instant transfer disposition”) converting the Plaintiff from a fixed passenger vehicle engineer from November 12, 2013 to a waiting engineer.

(2) In accordance with the previous disposition of this case, the Defendant transferred a vehicle other than a fixed vehicle to the Plaintiff from November 12, 2013, according to the previous disposition of this case.

From November 12, 2013 to December 10, 2013, the Plaintiff refused to convert a waiting engineer, and refused to work on board the assigned vehicle, and requested the Defendant to withdraw the transfer of the instant vehicle.

On January 10, 2014, the defendant shall hold a labor-management disciplinary committee on December 11, 2013 and take measures to change the position of this case.