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(영문) 서울행정법원 2018.03.22 2016구합9763
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

1. Details of the decision on retrial;

A. The Plaintiff Company was established on August 8, 2001 and employs 180 full time workers and operates the taxi passenger transport business.

The Intervenor joining the Defendant (hereinafter “ Intervenor”) joined the Plaintiff Company on June 1, 2009 and served as a taxi engineer.

From July 1, 2013 to November 30, 2014, the intervenor worked as the president of the subdivision of the CEU and worked as the full-time officer of the trade union. On March 17, 2015, the intervenor was again elected as the president of the subdivision.

B. On February 15, 2016 and on February 25, 2016, with respect to the Intervenor, the Plaintiff Company: ① Violation of the Company’s business instruction related to the procedure for conversion into the wage form (in cases of conversion into the full-scale management system, interim settlement and re-issuance of retirement pay should be made); ② Refusal of performance of instructions related to return (in cases of late, from November 11, 2015 to February 14, 2016) and refusal of performance of instructions related to return (in cases of late, from November 11, 2015 to February 14, 2016), ③ Unauthorized absence from work for 27 days during the period from February 15, 2014 to February 2015 and from November 1, 2015 to February 2016); ④ Loss from the use of transportation revenue to January 12, 2015.

3. The sum of up to 27.27. 2, the act of interference with the business of the company and the act of disturbing order in the workplace, 5. 6 The purpose of deceiving money and goods is to make intimidation (or intimidation to the representative of the LPG station by demanding money and goods), to demand money and goods of KRW 300 million in connection with D on November 18, 2014, to demand money and goods of KRW 100 million through D through office E on February 18, 2015, and to make intimidation together with D), 7, abuse of accusation, accusation, etc. (15 authenticity, accusation, complaint, accusation, etc.) 8, 8, 9 days of invasion of company on February 3, 2015, 9 days of will, defamation, and 0 days of occurrence of traffic accidents, 6. 207 Plaintiff was to stop working on board on February 26, 2016, and to notify the Intervenor of disciplinary action in accordance with the disciplinary committee (hereinafter “the Intervenor’s disciplinary action”).

C.

The intervenor's suspension of service on March 7, 2016 and the disciplinary dismissal of this case is unfair.

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