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(영문) 서울행정법원 2015.04.09 2014구합64223
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

The plaintiff is a corporation that operates a taxi transport business by employing 150 full-time workers in Eunpyeong-gu Seoul Metropolitan Government, and the intervenor was employed as a taxi driver on August 2, 201 by being employed by the plaintiff on August 2, 2011.

On January 21, 2014, the Plaintiff took disciplinary action against the Intervenor based on the grounds for the disciplinary action and the relevant provisions as follows.

(이하 ‘이 사건 해고’라 한다). ▣ 징계사유(이하 ‘이 사건 징계사유’라 한다)

1. Violation of the commercial instruction and order (hereinafter referred to as “reasons 1”);

2. Interference with business, such as in-house commercial assault (hereinafter referred to as "reasons 2");

3. 이력서상 경력사항 기재 누락(이하 ‘제3사유’라 한다) ▣ 근거규정 취업규칙 제78조, 제79조, 제80조, 제81조 제2항 참가인은 2014. 2. 5. 서울지방노동위원회(이하 ‘서울지노위’라 한다)에 이 사건 해고가 부당해고에 해당한다고 주장하며 부당해고 구제신청을 하였고, 서울지노위는 2014. 3. 27. “이 사건 징계사유 중 제1사유는 인정되지 않고, 제2, 3사유는 인정되나, 징계양정이 과하다.”는 이유로 참가인의 구제신청을 인용하였다. 라.

On April 24, 2014, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission (hereinafter “China”). However, on June 27, 2014, the Central Labor Relations Commission dismissed the application for reexamination on the same ground as the Seoul Central Labor Relations Commission.

(hereinafter referred to as “instant decision on reexamination” (hereinafter referred to as “the ground for recognition”), written evidence Nos. 10, 11, 15, and Eul’s evidence Nos. 18 (including the number of pages), and the purport of the entire pleadings, as to the legitimacy of the instant decision on reexamination, the Plaintiff’s assertion by the Plaintiff as to the legitimacy of the instant decision on reexamination, including ① visit the company in a state of drinking three hours prior to working hours, thereby impairing the order of the workplace by assaulting the company in the presence of other workers, thereby interfering with business by verbal abuse, and ② safe operation.

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