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(영문) 광주지방법원 2015.02.06 2014가합5281
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company running taxi transport business, and the plaintiff was employed by the defendant company on July 25, 2009 and served as a taxi driver.

B. On September 13, 2013, at around 14:15, the Plaintiff, the representative director of the Defendant, for the reason that he was unable to receive his salary properly, inflicted injury on C, such as the inspection of the part above the part above the part above the part above the part above the part above the part above the part above the part above the part above the part above the part above the part of the Defendant’s office, which requires approximately two weeks of treatment of the salary, by putting C’s shoulder up, putting C’s shoulder up, c’s chest up, c’s chest up, c’s chest up, c’s chest up, c’s hair up, c’s hair up, c’s hair up, c’s hair up, c’s c’s hair up, c’ up, and one hand,

(hereinafter “instant assault”). C.

On November 11, 2013, the Defendant dismissed the Plaintiff (hereinafter “instant dismissal”) pursuant to Article 40 subparag. 7 of the Rules of Employment on the ground of the instant assault.

Rules of employment regarding the dismissal of this case are as follows.

A member under Article 40 (Dismissal) of the Rules of Employment may be dismissed if he/she falls under any of the following subparagraphs:

However, disciplinary action may also be taken in consideration of the circumstances.

7. A person who assaults, threatens, or interferes with his/her business to a commercial person, partnership, or his/her family member;

8. A person who disturbs the order of the company, aids or abets it, or who is deemed to pose a danger of similar act; 28. Any other person who is deemed to have justifiable grounds (which shall be based on recognition), as stated in the evidence Nos. 4, 5, 6, or 10, images as evidence No. 12, and the purport of the whole pleadings as provided for in subparagraph B

2. The assertion and judgment

A. Although it was true that the Plaintiff asserted that the Plaintiff committed the instant assault, the dismissal of the instant case was made at the level of retaliation against the Defendant’s illegal acts, such as filing a petition against the relevant agency, etc. in light of the following circumstances, and constitutes an abuse of discretionary power.

1. The Passenger Transport Service Act shall pay the wages of taxi drivers as a contract.

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