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(영문) 서울행정법원 2021.01.14 2020구합53378
부당해고구제재심판정취소
Text

The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including those resulting from the participation in the lawsuit.

Reasons

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a corporation operating a metropolitan bus transport business, and the Plaintiff is a person who joined the Intervenor on February 16, 2017 and served as a metropolitan bus driver.

On July 25, 2018, the Plaintiff filed a complaint with the Incheon Western Police Station for the suspicion of embezzlement against the representative E of the D trade union, and the said trade union decided to dismiss the Plaintiff on September 28, 2018.

On October 16, 2018, the Intervenor issued a transfer order to the Plaintiff on October 22, 2018, stating that “from October 22, 2018, the Intervenor transferred it to the calculated business office (service route number: G)”.

On February 21, 2019, the Plaintiff raised an objection by increasing the time of commuting and the cost of oil, and accordingly, the Intervenor issued a new order to transfer from March 1, 2019 to the public school (F).”

In this regard, 11 of the participants' 12 workers who work at the government teachers' office was ordered to be transferred to another worker because of the above transfer order, and the plaintiff has conflict with the labor union and the plaintiff works at the government teachers' office, resulting in an increase in the risk of accidents.

No person shall work with the plaintiff.

A tobacco sales slip to the effect that “the intervenors was submitted” was presented to the intervenors.

The intervenor's order to transfer on March 4, 2019 to the plaintiff on February 21, 2019 is revoked.

From March 6, 2019, the Plaintiff issued a new transfer order (hereinafter referred to as “instant transfer order”) to a place of business (a route number: G) from March 6, 2019. The Plaintiff provided that the instant transfer order is unreasonable to the intervenors on March 8, 2019 without attending the service from March 6, 2019, and that the Plaintiff did not work on six occasions from March 7, 2019 to March 19, 2019.

In addition, the plaintiff from March 7, 2019 to March 28, 2019.

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