부당해고구제재심판정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the part arising from the defendant's participation, are assessed against the plaintiff.
The reasoning of the judgment of the court of first instance is as follows: (a) the reasoning of the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except to add some contents as set forth in the following paragraph (2) and add the contents as set forth in the following paragraph (3); (b) thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. In the part to be used after the dismissal, the “suspension 17” in
The 8th sentence of the first instance judgment, the 14th to 16th sentence, are as follows.
On August 18, 2015, the Plaintiff sent a warning to the Intervenor on the ground of his/her neglect of duty, etc., and demanded the Plaintiff to submit the warning document by August 20, 2015 (the Intervenor submitted the warning document to the Plaintiff on August 27, 2015). On August 18, 2015, the Intervenor, “on August 18, 2015, he/she shall always be informed of safety without being distorted at the time and place within the workplace.” The Intervenor uses the company’s non-goods or equipment in compliance with the purpose of use, and will use it after obtaining approval from the manager. In the event of an accident by his/her care, the Plaintiff may cause enormous damages to the individual as well as the company at all times, and thus, the Plaintiff prepared a “certificate of compliance with the safety rules” including the content that the safety rules should be observed thoroughly to prevent the occurrence of the accident as follows:
“The following circumstances revealed from the foregoing facts, i.e., the Plaintiff’s order by the safety health manager, the person in charge of safety management, and the commercial officer to observe the safety and health management rules as stipulated in Article 90 subparag. 1 of the Rules of Employment regarding the instant 1 and 2 accidents,” and to stipulate all the safety and health management rules in the rules of employment, is in reality unreasonable, and specific as the order by the safety manager, the person in charge of safety management and the commercial officer.