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(영문) 광주지방법원 2018.12.20 2018가합52377
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relation 1) The defendant is an express bus company. 2) The plaintiff served as an express bus driver from September 17, 2004 as the defendant's express bus driver.

B. On August 24, 2017, the Plaintiff: (a) driven an express bus from the Defendant to Gwangju on or around 06:45 on August 24, 2017; and (b) caused a traffic accident in the area near the Jinan International Department around 08:00 (hereinafter “instant accident”). Due to the instant accident, 19 persons suffered ordinary and three persons suffered heavy injury.

Plaintiff 2018

7. The Defendant revoked the Plaintiff’s driver’s license on the ground of the instant accident on September 25, 2017, on the ground that: (a) five months (from September 27, 2017 to February 26, 2018) of the suspension of work on board (hereinafter “instant suspension of work on board”). (c) The instant revocation of the license and subsequent dismissal disposition 1) Jeonnam-do Commissioner of the Local Police Agency revoked the Plaintiff’s license on the ground of the instant accident on November 26, 2017.

(2) On November 26, 2017, the Defendant notified the Plaintiff that “the Plaintiff was automatically retired pursuant to Article 67(2)6 (hereinafter “instant ipso facto retirement clause”) of the Rules of Employment (hereinafter “instant dismissal disposition”). (d) The Plaintiff filed an objection against the revocation disposition of the instant driver’s license; (e) on February 26, 2018, the Native Police Agency accepted the above objection on February 26, 2018, and changed the said disposition to the suspension disposition of the driver’s license (10 days) (Evidence 5) (Evidence 5).

2. Determination on the cause of the claim

A. The plaintiff, who has no ground for dismissal of the plaintiff's assertion 1, is subject to the revocation of the license of this case during the suspension period of work on board of this case.

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