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(영문) 서울행정법원 2015.09.24 2014구합74176
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

The Inspector of the Review Decision is a corporation that operates passenger transportation business using 350 full-time workers, and the Plaintiff was employed by the Intervenor on July 3, 2006 and served as a bus driver.

The Disciplinary Reason (hereinafter referred to as the “Disciplinary Reason of this case”) No. 1

1. Before November 12, 2012, abusive language, intimidation, and assault by a maintenanceman against a commercial chief;

2. Disposition of KRW 100,000,000,000,000 for launch on May 24, 2013

3. On October 1, 2013, an intervenor, such as absence from office without permission, was subject to disciplinary action against the Plaintiff on March 21, 2014 (hereinafter “instant dismissal”) following the following disciplinary grounds.

On May 21, 2014, the Plaintiff asserted that the dismissal of the instant case was unfair, and filed an application for remedy with the former Regional Labor Relations Commission, but the former Regional Labor Relations Commission dismissed the application for remedy on July 17, 2014 on the ground that “the grounds for disciplinary action are recognized, and the disciplinary action is appropriate.”

Accordingly, the Plaintiff filed an application for reexamination with the National Labor Relations Commission on August 27, 2014, but the National Labor Relations Commission dismissed the said application for reexamination on the same grounds as the previous North Regional Labor Relations Commission on November 7, 2014.

(hereinafter “instant decision on reexamination” (hereinafter “instant decision on reexamination”), which is without dispute, written evidence Nos. 1, 2, 25, and 31, as well as evidence Nos. 1, 2, 25, and 31 (including serial numbers), and the purport of the entire pleadings of the instant decision on reexamination as to the legitimacy of the instant decision on reexamination, among the grounds for disciplinary action in the instant case, the Plaintiff’s assertion as to the legitimacy of the instant decision on reexamination, is acknowledged. However, according to the sub-consultation agreement concluded on May 24, 2013 between the Intervenor and the Korean Association on Public Transport and Social Services, the grounds for the first

In the case of the ground 2 of this case, the dismissal of this case is excessive in light of the fact that the dismissal of this case is merely a 6-minute operation once, and there are circumstances that can be considered in the case of the ground 3 of this case.

Therefore, the instant decision on review was unlawful.

See the separate sheet of the relevant regulations.

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