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(영문) 대법원 2016.01.28 2015다57126
해고무효확인 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the lower court determined that the Defendant’s meaning of Article 10 subparag. 1 of the collective agreement, based on its stated reasoning, is not to be construed as a ground for dismissal in cases where a disposition of revocation was issued on the ground that “the revocation was made on the ground that the driver’s license was revoked among all grounds for the revocation of the driver’s license,” and that “the case where the driver’s license was revoked on the ground that the driver’s license was revoked on the ground that the driver’s license was revoked on the ground that the grounds for the revocation was revoked on the grounds other than the grounds for the revocation of the driver’s license,” but it cannot be viewed as a ground for dismissal, on the premise that

Examining the record in light of the relevant legal principles, the above determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine

2. As to the grounds of appeal Nos. 2 and 3, the lower court stipulated that the proviso of Article 85 subparag. 5 of the Defendant’s Rules of Employment provides that “where it is deemed that a person subjected to disciplinary dismissal is deemed likely to have made a significant appearance or contribution during his/her service, the disciplinary action may be mitigated or exempted.” However, this is merely limited to setting the Defendant’s authority or discretion to reduce or exempt disciplinary action, and it cannot be deemed that the Defendant has a duty to reduce or exempt disciplinary action against the Defendant, based on the circumstances stated in its reasoning, the instant dismissal is accompanied by the nature and nature of urban bus driving service, the content and nature of the misconduct, and the purpose and the purpose of

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