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(영문) 서울행정법원 2019.06.20 2018구합75344
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

Details of the Review Decision

A. The Intervenor joining the Defendant (hereinafter “the Intervenor”) is a corporation that is established on February 17, 198 and employs approximately 1,90 workers on a regular basis, and engages in loading and unloading air freight, aircraft oil maintenance, etc.

On December 1, 1992, the Plaintiff entered the Intervenor and worked as a branch office from September 7, 2016 to Busan (Airport) branch office (hereinafter “Osan branch”) under the Intervenor.

B. On July 14, 2017, an accident occurred that caused soil contamination by leaking light oil through negligence while it was supplied to the transit storage facilities by C, a member of the Busan Branch, who was an employee of the Busan Branch.

(hereinafter “instant accident”). C.

The Intervenor conducted an investigation into the background of the instant accident and discovered that the instant accident occurred on the Friday, and the Plaintiff was not present at the Busan Branch.

Accordingly, the Intervenor demanded the Plaintiff to vindicate the Plaintiff regarding his neglect from September 2016 to July 2017.

(hereinafter “instant period”). D.

On October 23, 2017, the intervenor notified the plaintiff on October 30, 2017 that he would be present at the Standing Committee.

On October 26, 2017, the Plaintiff applied for two weeks’ sick leave from October 24, 2017 through D message.

The grounds for dismissal as a result of deliberation of the Second Punishment Committee ( November 20, 2017), No. 2017, notice of disciplinary decision:

1. Violation of the Company Service Regulations - A violation of the Company Service Regulations - 22 days in intelligence, habitually unauthorized absence, 10 times in semi-day, 34 times in each habitual absence - 22 times in each habitually leaving the workplace without permission due to temporary retirement - a violation of the procedures for approving leave;

2. Violation of a written oath or all the regulations of the company, or breach of duty on duty.

3. Occurrence of a soil contamination accident caused by water leakage at the Busan Branch.

E. On November 20, 2017, the Intervenor sent to the Plaintiff a notice of disciplinary decision on the grounds of the grounds for the disciplinary reasons as follows, following the procedure for the resolution of the Monetary Punishment Committee.

(hereinafter “Disciplinary Reason Nos. 1 through 3” and “the instant disciplinary dismissal”). (f) The Plaintiff is the Plaintiff.

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