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(영문) 서울행정법원 2016.02.04 2015구합4945
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. C Co., Ltd. (hereinafter “C”) is a company running community bus transport business.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) joined C on May 15, 2012 and served as a village bus operator.

B. On June 20, 2014, C received an order from C to not leave the bus route when operating a village bus from C, but failed to comply therewith. ② Even if the weather conditions are clear when operating the village bus, C falsely reported to C as follows: “I sent a traffic accident because the weather conditions of the village bus are not visible,” and ③ The Intervenor dismissed the Intervenor due to grounds for disciplinary action that the Intervenor failed to perform his/her duty to take measures even if he/she was on the operation of the village bus while driving the village bus.

(hereinafter referred to as “instant dismissal”). C.

On September 19, 2014, the intervenor asserted that the dismissal of the instant case constitutes unfair dismissal, and filed an application for remedy against unfair dismissal with the Busan Regional Labor Relations Commission, and the Busan Regional Labor Relations Commission dismissed the Intervenor’s application for remedy on November 27, 2014.

On January 9, 2015, the intervenor dissatisfied with the initial inquiry court and applied for reexamination to the National Labor Relations Commission on January 9, 2015, and the National Labor Relations Commission revoked the initial inquiry court on March 6, 2015 and received the request for remedy from the intervenor.

(hereinafter referred to as “instant decision on reexamination”). (e)

After its establishment on April 13, 2015, D comprehensively succeeded to the employment relationship between the intervenor and C while taking over part of the village bus transport business from C.

D changed the trade name on May 12, 2015 to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6 and 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Whether the decision on the retrial of this case is lawful

(a) Article 27 (Written Notice of Grounds for Dismissal, etc.) (1) An employer who intends to dismiss a worker shall notify in writing the grounds for dismissal and the time of dismissal.

(2) Workers.

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