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(영문) 서울행정법원 2014.06.12 2013구합61647
부당해고구제재심판정취소
Text

1. On October 7, 2013, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

1. The circumstances leading to the decision on reexamination of this case

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a company employing 800 full-time workers and carrying on urban bus passenger transportation services, etc.

On September 19, 2007, the Plaintiff joined the Intervenor company and served as an urban bus driver.

B. 1) On September 7, 2011, at around 22:10, the Plaintiff: (a) driven the bus (including a six-lane and a bus central lane) in front of the front of the 3-lane bus stops in Seodaemun-gu Seoul Seo-gu, Seodaemun-gu, Seoul, from the front of the school site of the household to the bus center among three-lanes (including a six-laneh and a bus central lane) of the gold tunnels tunneling on the side of the school; (b) discovered and operated the steering gear toward the left side of the road toward the right side of the road; (c) operated the steering gear toward the port; (d) caused the collision with C by the front part of the urban bus. Accordingly, C suffered from an injury, such as the spaf, which requires six-day medical treatment (hereinafter “accident as of September 7, 2011”).

(2) C) The Seoul Central District Court 2012da5017946 filed a lawsuit seeking damages against the Federation of National Bus Transport Business Associations, which concluded a mutual aid agreement with the Intervenor, on September 7, 2011.

In February 20, 2013, the court below held that since the plaintiff shocked C by negligence that did not see the upper left and right well, the Korean Federation of Bus Transport Business Associations, which is the mutual aid business entity of buses operated by the plaintiff, shall be liable to compensate C for the damage suffered by the accident occurred on September 7, 2011.

C It cannot be viewed that the Plaintiff is exempted from liability even if C takes into account the fault that crossing the crosswalk without permission at night.

However, the error of C is limited to 55% of the liability of the Federation of National Bus Transport Business Associations in consideration of 45%.

The Korean Federation of Bus Transport Business Associations rendered a judgment in favor of the Plaintiff on the ground that it would provide C with KRW 14,810,289 as damages.

C. On December 30, 2012, at the bus stops located in Goyang-si around 15:23 on December 30, 2012, the Plaintiff has shocked the back portion of other urban buses to the damaged vehicles.

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