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(영문) 서울행정법원 2015.09.17 2014구합64957
부당해고구제재심판정취소
Text

1. On July 1, 2014, the National Labor Relations Commission rendered unfair suspension from office between the Plaintiff and the Defendant’s Intervenor in the Central 2014.

Reasons

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a company that employs 580 full-time workers and engages in passenger transport business, and the Plaintiff was employed by the Intervenor on September 7, 1992 as a driver.

An intervenor, such as the instant disciplinary action, against the Plaintiff, shall be deemed ten days of suspension from office on October 22, 2013 following the resolution of the personnel committee, and on December 31, 2013, dismissed the Plaintiff on the following grounds for disciplinary action.

(hereinafter referred to as “instant disciplinary action”) December 31, 2013; 【Grounds for Disciplinary Action】

1. A guardian who damages the internal and external images of a company by impliedly aiding and abetting the company with a writing that slanders the company, stating the specific departments of the business affairs and head office of the company, by establishing and operating the following cameras of the company (hereinafter referred to as “C”);

2. In case where the contents of the conversation with the shareholders of the company are recorded and posted in the “C” camera, thereby impairing the reputation of the company and its representative director, as well as containing false facts by making virtually the fact that there is no content of the conversation (hereinafter “Disciplinary Reason 2”)

3. Slandering against a workplace and spreading false facts to the relevant agency for defamation (hereinafter referred to as “Disciplinary Reason 3”);

4. On January 20, 2014, the Plaintiff filed an application for remedy with the Gangwon Regional Labor Relations Commission on the ground that the instant disciplinary action constitutes unfair suspension and unfair dismissal on October 22, 2013, by intentionally refusing to comply with the company’s legitimate business instruction even after being subject to three months of reduction of salary and ten days of suspension from office in the personnel committee for the company (hereinafter “Disciplinary Reason 4”), and on January 20, 2014, the Gangwon Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy.

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