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(영문) 대전지방법원 2018.11.01 2017구합1737
부당해고구제재심판정취소
Text

1. On October 19, 2017, the National Labor Relations Commission merged between the Plaintiff and the Defendant Intervenor Company A, with the Ministry of Strategy and Finance (hereinafter referred to as “the Ministry of Strategy and Finance”).

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that provides passenger transportation services at Sejong Special Self-Governing City, and Defendant Intervenor (hereinafter “ Intervenor”) was a taxi driver who operates the Plaintiff’s taxi.

B. Around 08:40 on August 13, 2016, the Intervenor: (a) driven the Plaintiff’s C cab and driven the Plaintiff’s D Apartment E-dong, Sejong Special Self-Governing City, along the two-lanes of the speed 77 km from the high-sports slope to the air vibration gate; (b) entered the intersection where signal, etc. is installed with red signal, thereby causing a traffic accident leading to the left-hand turn from the opposite lane by entering the intersection in which the signal, etc. is installed; and (c) resulting in a traffic accident leading to the shock of the F Ob, U.S., the U.S. driver in need of approximately 14 weeks of treatment.

(hereinafter “instant traffic accident”). C.

On January 11, 2017, the Plaintiff: (a) opened a standing committee to decide on the “recommended position” of the intervenors; and (b) notified the intervenors; (c) however, the Intervenor raised an objection on January 18, 2017; and (d) filed an application for a new trial committee.

Accordingly, on February 14, 2017, the Plaintiff notified the intervenors that they will hold a retrial commission after the completion of the investigation into the instant traffic accident. D.

After the Intervenor was prosecuted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury), on April 14, 2017, the Plaintiff held a Review Committee to take disciplinary action against the Intervenor on the ground that it constitutes “a person who has caused at least three weeks of personnel accidents or at least 500,000 won of goods damage” in violation of Article 10(4) of the Organization Convention and Article 42(4) of the Rules of Employment, and decided to punish the Intervenor on the ground of disciplinary action against the Intervenor on April 20, 2017.

(hereinafter “instant dismissal”) e.

On May 11, 2017, an intervenor treated the dismissal of this case to the Chungcheong Regional Labor Relations Commission at the same time as an unfair dismissal without justifiable grounds.

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