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(영문) 광주고등법원 (전주) 2017.01.12 2015나102250
해고무효확인
Text

1. The part against the defendant in the judgment of the first instance against the plaintiff shall be revoked.

2. The plaintiff falling under the above revocation part.

Reasons

1. Basic facts

A. The defendant is a corporation that runs the passenger transport business, etc., and the plaintiff was employed by the defendant around 1998 and retired from office around May 2003, but has been employed as a driver on November 21, 2003.

B. On March 28, 2014, the Defendant held a disciplinary committee and decided to dismiss the Plaintiff for the following reasons. On April 4, 2014, the Defendant issued a disposition to dismiss the Plaintiff as of April 7, 2014 (hereinafter “instant dismissal”).

On January 3, 2014, the Plaintiff: (a) operated a bus from the Maman University to the Seoul Southern Terminal on the same day, and (b) returned to the Defendant without paying KRW 2,400,00, out of KRW 46,400, which was received from four passengers at around 19:42 on the same day.

C. On April 9, 2014, the Defendant sent a text message to the Plaintiff on April 22, 2014, stating that, if there was an objection to the resolution of the Disciplinary Committee while dismissing the Plaintiff, the Defendant could file a request for reexamination with the Disciplinary Committee within ten (10) days from the date on which the explanation on the grounds for disciplinary action was received. Accordingly, on April 22, 2014, the Plaintiff was scheduled to file a request for reexamination with the Disciplinary Committee and the Defendant was scheduled to hold reexamination on April 22, 2014. However, the Defendant sent a text message to the Plaintiff on April 22, 2014, stating that “I would delay the reexamination due to

After that, on June 2, 2014, the Defendant notified the Plaintiff on June 11, 2014 that he/she will attend a new trial and make a statement, and subsequently, on June 11, 2014, the Defendant decided to hold a new trial again on June 19, 2014 due to the Plaintiff’s absence of disciplinary committee members and the Plaintiff.

E. Accordingly, on June 19, 2014, the Defendant notified the Plaintiff that he/she would be present at the meeting of the re-examination, and subsequently, on June 19, 2014, held a re-examination and made a decision identical to the dismissal of the instant case. On June 23, 2014, the Defendant notified the Plaintiff of the result of the re-examination.

F. Details of the Defendant’s collective agreement and relevant provisions related to the instant case.

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