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(영문) 인천지방법원 2015.12.09 2015나9158
손해배상, 위자료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From November 16, 2012, the Plaintiff worked for the Defendant Company as a driver at the transportation chain. The Defendant, “The Plaintiff did not keep records of commuting from around April 2013, failed to comply with instructions, such as failing to prepare work and operation log, and rejected night operations and absence from work without permission” on the ground that “The Plaintiff was dismissed on November 20, 2013” (hereinafter “instant dismissal”).

B. The part concerning disciplinary dismissal among the rules of employment of the defendant company is as follows.

Article 35 (Dismissal Members) Where any member falls under any of the following subparagraphs, he/she may be dismissed:

5. Where a decision of dismissal is made by the Disciplinary Committee, the company shall notify in writing the reason and date of dismissal, in the case of dismissal of a member.

(2) Where a company notifies a dismissal pursuant to paragraph (1), it shall give the notice of dismissal at least 30 days prior to the date of the dismissal, or where it fails to give the notice of dismissal at least 30 days prior to the date of dismissal, it shall pay the ordinary wages for

Article 42 (Disciplinary Action) A company may take disciplinary action against any of the following members through a resolution of the Disciplinary Committee:

4. A person who gives words and conducts interfering with the business of the company.

8. A person who violates the service regulations determined by the company; 10. Any other similar act; 10. The chairman of the disciplinary committee shall notify each member of the disciplinary committee of the date, time, place, agenda, etc. of meetings for the members of the disciplinary committee seven days before a meeting for resolution on disciplinary action; and the member to be disciplined of the disciplinary committee of the notice of attendance in attached Form 3.

(2) The Disciplinary Committee shall fairly and fairly deliberate on the documents examined on the grounds for disciplinary action, materials proving such grounds, statements by relevant parties, etc.

In such cases, when a person to be disciplined does not want to attend the Disciplinary Committee or has made a written statement, it shall be accompanied by a document document attached in attached Form 3 or a written statement in attached Form 4 and attached to the record.

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