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(영문) 서울고등법원 2020.06.03 2019누65315

부당해고구제재심판정취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is due to the participation.

Reasons

1. Circumstances for the decision on review;

2. Whether the decision on the retrial of this case is lawful

(a)a summary of the Parties’ assertion;

B. The reasoning for the court’s explanation on this part is as follows: (a) the notice of the result of the Disciplinary Committee (the letter of dismissal in this case) sent by the Intervenor to the Plaintiff at the end of four weeks below the judgment of the first instance; (b) although Article 58(4) and (5) of the Rules of Employment is stated as one of the grounds for the dismissal in this case, the intervenor asserts that the above provision is not listed in the grounds for dismissal in the appellate brief, but is not dismissed on the basis of the above provision. Thus, this part is excluded from the grounds for dismissal

Inasmuch as the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the decision on the retrial of this case is lawful

C. Determination 1) Article 4 of the former Road Traffic Act (amended by Act No. 15629, Jun. 12, 2018) provides that “The types of traffic safety facilities, the method and place in which traffic safety facilities are installed, and other necessary matters concerning traffic safety facilities shall be prescribed by Ordinance of the Ministry of Public Administration and Security.” Article 6(2) [Attachment 2] of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Public Administration and Security No. 123, Jun. 14, 2019) provides that “the types of signals and signals indicated by signal signals shall be stopped immediately before a stop line, crosswalk, and intersection: Provided, That motor vehicles and horses may be stopped without impeding the traffic of other motor vehicles and horses running in accordance with signals.”

In the case where an intersection and crosswalk are installed adjacent, and the signal apparatus for the vehicle is installed only at the intersection, the signal apparatus for the vehicle shall not only pass the intersection for the vehicle, but also pass on the crosswalk immediately before the intersection.