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(영문) 서울행정법원 2018.01.25 2017구합1926
부당배차명령구제재심판정취소
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 parties’ status intervenors are corporations running urban bus transportation business, etc. using approximately 260 full-time workers. The Plaintiff is a person employed by the Intervenor on May 26, 2012 and served as a bus driver.

B. The Intervenor’s assignment order 1) On May 26, 2012, the Plaintiff joined the Intervenor and served on the two routes from March 1, 2015 to 1-1. 2) On June 22, 2016, the Intervenor requested the Intervenor to extend the operation section of the route No. 50 operated by the Intervenor for the convenience of citizens according to C opening, including D Station. The Intervenor ordered the Plaintiff and 11 bus operators as of July 1, 2016 as follows.

(hereinafter referred to as “instant order of dispatch”). The subject’s (service routes) issued an objection to the instant order of assignment on June 27, 201, 1-1, Plaintiff 1-1, changing the assignment of the route E to 50 route, 1-1, and 2-2, changing the assignment of the route E to 50 route H head office to 50 route G head office change to 50 route H head office change to 50 route G head office change to 50 route G head office change to 50 route J head office change to 50 route J head office change to 50 route J head office change to 50 route J head office, the Plaintiff raised an objection to the instant order of assignment on June 27, 2016. The Intervenor’s Review Committee dismissed the Plaintiff’s request for reexamination on July 2, 2016, on the ground that the change of the route of assignment of the engineer’s head office cannot be subject to the inherent authority of the personnel management authority.

4. The Plaintiff notified the result of the Review Committee as above.

4) Meanwhile, as of July 1, 2016, the Intervenor runs the urban bus transport business on the 24 bus routes using 118 buses as of July 1, 2016. Of them, the 50-line route is 8.2km (15-minutes) from the garage at which the Intervenor’s head office is located.

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