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(영문) 대전지방법원 2018.01.11 2017구합864
부당해고구제재심판정취소
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. On January 14, 2010, the Plaintiff joined the Intervenor who is engaged in taxi transportation business and served as a taxi driver.

B. On September 2, 2013 (amount of damage KRW 9,164,40), November 4, 2014 (amount of damage KRW 1,305,870), May 2, 2015 (amount of damage: KRW 5,618,580), and August 29, 2015 (amount of damage KRW 2,309,90), the Plaintiff caused each traffic accident on September 2, 2013 while serving in the Intervenor company. On the part of the Intervenor on September 2, 2013, the Plaintiff was subject to disciplinary action for each traffic accident on board by the Intervenor on October 10, 2013, and on May 2, 2015, respectively.

C. In addition, around 05:45 on August 28, 2016, the Plaintiff was negligent in performing the duty of Jeonju City as well as neglecting the duty of Jeonju City, thereby resulting in the death of the said victim on the same day. In addition, the Plaintiff was negligent in failing to perform the duty of Jeonju City, thereby going back to the right side from the left side of the running direction of the Plaintiff, resulting in the death of the said victim.

(hereinafter “instant traffic accident”). The instant accident caused damage to the victim’s bereaved family members in total of KRW 58,635,870.

Pursuant to Article 25 of the Passenger Transport Service Act and Article 58 of the Enforcement Rule of the same Act, the Plaintiff participated in self-education conducted on April 25, 2016 by the Intervenor.

E. On October 26, 2016, the Intervenor issued to the Plaintiff a disciplinary proposal, a disciplinary cause, and a request for appearance of a committee to punish the Plaintiff on the grounds of Article 56(8) through (11), and Article 56(27) of the Rules of Employment, with respect to the facts set forth in the said paragraphs (b) through (d) above, “personal material damage and the aggravation of company management due to a traffic accident” as the grounds for disciplinary action. On October 27, 2016, the Intervenor requested the convening of the standing committee for disciplinary action against the Plaintiff. On November 2, 2016, the Plaintiff submitted a written vindication to seek the preemptive action by having the Plaintiff not present at the standing committee held on the third day of the same month on the grounds of the attendance of the court and the interview of

Accordingly, the intervenor on November 2016.

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