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(영문) 전주지방법원 2015.10.30 2014가합5196

해고무효확인

Text

1. The Defendant’s dismissal against Plaintiff A on April 7, 2014 confirms that it is null and void.

2. The defendant against the plaintiff A,

(a) 28.

Reasons

1. Basic facts

A. The defendant is a corporation operating passenger transport business, etc., and the plaintiff A was employed by the defendant around 1998 and retired on May 21, 2003, but returned to the defendant on November 21, 2003. The plaintiff B was employed by the defendant on October 9, 2006 and served as a driver.

B. On March 28, 2014, the Defendant held a disciplinary committee and decided to dismiss the Plaintiff A for the following reasons, and made a disposition to dismiss the Plaintiff as of April 7, 2014 (hereinafter “instant dismissal”).

Plaintiff

A, on January 3, 2014, operated a bus from Maman University to Seoul Southern Terminal, and returned to the Defendant without paying KRW 2,400,00, out of KRW 46,400, out of the boarding fares received from four passengers at around 19:42 on the same day.

C. On March 28, 2014, the Defendant held a disciplinary committee and decided to dismiss Plaintiff B for the following reasons. However, on April 4, 2014, the Defendant issued a disposition to reduce the Plaintiff B’s suspension from office for one month (i.e., January 6, 2014 to April 4, 2014) (hereinafter “instant suspension from office”; and “the instant dismissal” and “the instant suspension from office” collectively refer to “the instant dismissal” and “the instant suspension from office.”

Plaintiff

B, on December 6, 2013, when operating a bus from the Maman University to the Seoul Southern Terminal, around 09:42 on the same day, 200 won out of the passenger fares 23,200 won received from two passengers, and from December 15, 2013 to the Seoul Southern Terminal, while operating a bus from the Maman University to the Seoul Southern Terminal, around 18:00 on December 24, 2013, 200 out of the passenger fares 34,200 won received from three passengers on the same day, and from the Maman University to the Seoul Southern Terminal on December 24, 2013 to the Defendant without paying 80 won out of the passenger fares 46,400 won, among the passenger fares 46,400 won, and 80 won to the Defendant.

If the defendant objects to the resolution of the disciplinary committee while taking each of the disciplinary actions in this case against the plaintiffs, it shall be ten days from the date of receiving the explanation of the grounds for disciplinary action.