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(영문) 서울행정법원 2017.01.26 2016구합66353
부당승무정지 등 구제재심판정취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that employs approximately 70 full-time workers and runs the taxi transport business.

The Korean Public Transport and Social Services Trade Union is an industrial trade union organized for workers engaged in public transport and social service business, and has a si branch A of the Korean Public Transport and Social Services Workers' Union (hereinafter referred to as "Article 10") in the plaintiff's workplace.

An intervenor is employed by the plaintiff on October 13, 2009 and work as a taxi engineer, and the head of the division under Article 1 of the Act is assigned to the plaintiff.

B. On July 8, 2015, the Plaintiff sent content-certified mail to the intervenors, including the following:

(hereinafter “instant disposition of suspension of service on board.” On May 24, 2015, the Plaintiff directed an intervenor to attend several times in relation to the operation of a taxi against the Plaintiff’s work instruction and to submit a weekend, but the intervenor did not comply with the order.

In addition, on June 9, 2015, the intervenor ordered the intervenor to submit a model report with respect to the use of the plaintiff's vehicle without permission, but the intervenor did not comply with this order.

An intervenor is present at the Plaintiff’s workplace until July 13, 2015, and the time-frames for the above contents are shipped.

Where an intervenor fails to comply with his/her business instruction and fails to submit a notice of time, the plaintiff shall issue an order to suspend his/her service on board for five days from July 14, 2015 to 18.

C. On October 12, 2015, the Intervenor and the Labor Relations Commission alleged that the instant disposition of suspension of work on board constituted both unfair disciplinary action and unfair labor practice in the control intervention at the same time. However, on October 12, 2015, the Intervenor and the Busan Regional Labor Relations Commission dismissed their request for remedy on December 11, 2015.

On January 4, 2016, the Intervenor and Article 10 of the Labor Relations Commission filed an application for review with the National Labor Relations Commission. On April 29, 2016, the National Labor Relations Commission revoked the above initial inquiry court and its decision.

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