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(영문) 서울행정법원 2017.06.22 2016구합74712

부당해고구제재심판정취소

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1. On July 26, 2016, the National Labor Relations Commission applied for reexamination between the Plaintiff and the Intervenor joining the Defendant for reexamination.

Reasons

The details and details of the decision on reexamination were established on March 30, 1959, and the Plaintiff is a company that employs approximately seven hundred regular workers and operates passenger automobile transport business.

The Intervenor joining the Defendant (hereinafter “ Intervenor”) joined the Plaintiff on June 20, 2014 and served as a bus driver.

On January 22, 2016, the Plaintiff notified the intervenors that they will be referred to the Personnel Committee (Disciplinary Action) Committee on January 29, 2016 due to the violation of the regulations, and the Personnel (Disciplinary Action) Committee decided on January 29, 2016 to dismiss the Intervenor as of February 7, 2016.

On February 5, 2016, the Plaintiff dismissed the Intervenor as of February 7, 2016, “(i) a majority of the use of mobile phones during bus driving, (ii) a traffic accident, (iii) a majority of long-term public circuits, (iv) a failure and neglect to comply with the company’s business instructions, (v) a demand for decommissioning of a reading room, distribution of printed materials, and inciting workers.”

(hereinafter “instant dismissal”). On February 18, 2016, the Intervenor filed an application for remedy against the instant dismissal with the Gyeonggi Regional Labor Relations Commission.

On April 11, 2016, the Gyeonggi Regional Labor Relations Commission accepted the request for remedy on the ground that “the dismissal of this case is deemed unfair, even though the remaining grounds are recognized, excluding the request for decommissioning of a reading room, distribution of printed materials, and inciting workers.”

On May 19, 2016, the Plaintiff appealed and filed an application for review with the National Labor Relations Commission seeking the revocation of its determination by the Gyeonggi Regional Labor Relations Commission. On July 26, 2016, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the determination by the Regional Labor Relations Commission.

(hereinafter referred to as “instant decision on reexamination”). (hereinafter referred to as “instant decision on reexamination”) without dispute, as described in the relevant statutes (attached Form 1) concerning the determination on the legitimacy of the instant decision on reexamination of reexamination of evidence Nos. 1, 2, 57, 58, 59, Eul-2, Eul-B, and Eul-B’s overall purport of the pleading, and the entire purport of the pleading. An intervenor is a mobile phone operator of a bus on November 1, 2014.