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(영문) 서울중앙지방법원 2014.08.29 2013가합553083
해고무효확인
Text

1. The part of the claim for nullification of Article 31 of the Personnel Service Regulations among the instant lawsuits is dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Defendant is a legal entity established on June 1989 for the purpose of promoting the development of Ctransport business and C transport business operators’ joint interests (hereinafter “Defendant Federation”) (hereinafter “Defendant Federation”).

(C) under its control the D&C Mutual Aid Association (hereinafter referred to as the “Defendant Mutual Aid Association”) which deals with C&C business accident mutual aid operations.

Defendant Mutual Aid Association has its employees (hereinafter “instant trade union”). Meanwhile, Defendant Mutual Aid Association established as its employees (hereinafter “instant trade union”).

(2) On April 29, 2009, F, a member of the Defendant Mutual Aid Association, was in contact with G on April 29, 2009 (in the process, it was injured by the passenger on board F). At the time, the person in charge of the Defendant Mutual Aid Association North Korea Compensation Center (hereinafter “North Korea Compensation Center”) affiliated with the Defendant Mutual Aid Association branch (hereinafter “North Korea Compensation Center”) received the said traffic accident only as the “alternative accident” and processed the compensation affairs (the G driver’s negligence is deemed as 100% and exempted from liability).

On November 2011, I filed a claim against the Defendant Mutual Aid Association for deliberation on the part of the “personal accident” (the F's assertion of some negligence) with regard to the foregoing traffic accident (hereinafter the "Dispute Deliberation Committee"), and at the time J is in charge of the personal accident of the North Korean Compensation Center at the time the said case (hereinafter the "Case of Claims for Claims").

On March 1, 2012, the South-west Compensation Center was transferred to another compensation center.

(B) On May 3, 2012, the Dispute Deliberation Committee recognized the F’s negligence as 20% at the time of the above traffic accident, and decided to pay the Defendant Mutual Aid Association KRW 353,236 as the amount of indemnity, and the Defendant Mutual Aid Association paid the amount of indemnity to the Seoul Northern District Court on the 17th day of the same month.

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