logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.09.19 2018가합55345
해고무효확인
Text

1. It is confirmed that the Defendant’s dismissal on February 3, 2018, that was made by the Plaintiff, was null and void.

2. The litigation costs shall be borne by the defendant.

Reasons

1. Basic facts

A. The Defendant is a company with the purpose of the taxi passenger transportation business, etc., and the Plaintiff joined the Defendant company on March 1, 2014 and served as a taxi driver.

B. On January 26, 2018, the Defendant held a disciplinary committee, and dismissed the Plaintiff on February 3, 2018 for the following reasons.

(hereinafter referred to as “instant dismissal.” Relevant provisions: Article 44 subparag. 39 of the Rules of Employment (Grounds for Dismissal) provides that “A person who falls under Article 12 falls under the category of Article 17(1)” (Article 17(1) of the “person lack of good faith: From July 2017 to July 1, 2017, the Plaintiff notified the Defendant Company that he was working only a prescribed working hour and did not deposit daily base income (hereinafter “Disciplinary Reason 1”), and against the Defendant Company’s work instruction to normally deposit base transport income under the wage agreement, “I am in good faith.” (hereinafter “Disciplinary Reason 2”), the Defendant Company’s work instruction to normally deposit the same (hereinafter “Disciplinary Reason 2”), instead of taking into account that the employee’s direction to meet the same with the said personnel driving force, the employee did not have any legitimate attitude to improve the order of deceptive means, etc. on the same day, even though he respect the senior senior senior officer’s duty as the organization.”

The contents related to this case among the defendant's rules of employment are as follows.

Article 12 (Duties of Employees) (1) Any order of responsibility as determined by the organization of employees to take responsibility for duties shall be respected, and such order shall be complied with as prescribed by the organization.

Article 17 (Duty of Good Faith) (1) The odometer and transport receipt standards specified in the wage agreement shall be faithfully responsible.

(b).

arrow