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(영문) 창원지방법원거창지원 2014.07.10 2013가합555
징계처분무효확인
Text

1. Of the instant lawsuit, the part of the instant lawsuit seeking confirmation of the invalidation of the Defendant’s demotion on April 29, 2013 is dismissed.

2...

Reasons

1. Basic facts

A. The Defendant is a company running the cross-city bus transport business, and the Plaintiff is a worker who joined the Defendant company on December 1, 2010 and served as a cross-city bus driver.

B. Around March 30, 2013, the head of the Defendant’s management department prepared a disciplinary proposal with respect to the Plaintiff (No. 10-1) in order to punish the Plaintiff on the grounds that the Plaintiff exercised speech violence against the club drivers, and the Defendant’s B approved the same, stating the direction of “the need to be suspended from office for a violation against the duty to be returned.” The department in charge, after judging the number of days of suspension from office, entered the direction of “the approval outline” in the above disciplinary proposal.

C. On April 2, 2013, the chief of the management department proposed and submitted the proposal of disciplinary action (Evidence A No. 1) against the Plaintiff on 25 days of suspension from office for the Plaintiff (from April 4, 2013 to April 28, 2013) to B, and upon approval by B, the disciplinary action of 25 days of suspension from office against the Plaintiff was decided.

In accordance with the above disciplinary action, the defendant was dismissed from office as a bus driver from office on April 4, 2013 to April 28 of the same month.

(hereinafter “instant disciplinary action”). 【No dispute exists in the grounds of recognition, entry of Gap evidence Nos. 1 and Eul evidence Nos. 10, 19, and 20 (including each number, if any), witness B’s testimony, and the purport of the whole pleadings.

2. Determination on the defense prior to the merits

A. On the part of the Plaintiff seeking confirmation of invalidity of the instant disciplinary action, the Defendant asserts that “The above disciplinary action is completed after completion of the execution thereof, and thus there is no standing to file a lawsuit for confirmation.”

On the other hand, if a worker employed by the defendant company is subject to disciplinary action at least twice a year (see Article 71(1) of the Rules of Employment below), the defendant may be subject to aggravated punishment (see Article 71(1) of the Rules of Employment below), and the defendant shall also pay wages which were not received during the period of confirmation of invalidity of the instant

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