1. Revocation of a judgment of the first instance;

2. The Defendant’s suspension from office against the Plaintiff on July 18, 2014 is null and void.

1. Basic facts

A. The defendant is a company that operates passenger transport business, etc., and the plaintiff is a person who joined the defendant on June 18, 2004 and works as a bus driver.

B. On January 27, 2014, the Plaintiff driven B bus around 05:30, and proceeded three-lanes of the three-lanes in front of Seocho-gu Seoul Metropolitan City Seoul High School from the air basin to the air protection area of Seoul High School, and proceeded as is on the corner of the instant road surface without discovering the chilling part of the said road surface and reducing the speed. Due to the shock that occurred, the Plaintiff was injured by one floor of the passengers (e.g., 62 years of age) who were sitting on the back side of the bus and suffered from the injury requiring approximately eight weeks of treatment, such as pressure cutting down on the back of the bus.

(hereinafter “instant accident”). The Plaintiff was imposed a penalty of KRW 30,00 on the ground of “violation of the measure for the safety of passengers, etc.” due to the instant accident, but did not refer to criminal proceedings, such as summary indictment.

C. On March 6, 2014, the Defendant’s Disciplinary Committee decided to take five days of suspension from office against the Plaintiff on the ground that “the Plaintiff violated Article 4, Article 17(1) and Article 17(2)13 of the Rules of Employment by causing the instant accident, thereby falling under subparagraph 2 of Article 122 of the Rules of Employment.” On July 18, 2014, the Defendant’s Disciplinary Committee decided to take five days of suspension from office against the Plaintiff (hereinafter “instant suspension from office”) during the summary disciplinary procedure (hereinafter “instant suspension from office”).

(2) On September 29, 2014, the Plaintiff filed a request for remedy with the Seoul Regional Labor Relations Commission for unfair suspension from office, etc., but the said request for remedy was dismissed on September 29, 2014. Accordingly, the request for review was dismissed on January 8, 2015.

Article 2 (Effect) of the relevant provisions of the collective agreement shall be the rules of employment, and all other agreements or contracts in respect of the company and its employees (members) as determined by the company.