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(영문) 서울고등법원 2016.07.07 2015누68576
부당승무정지구제재심판정취소
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by both the Intervenor joining the Defendant.

Reasons

The court's explanation of this case by the court of the first instance as to this case is identical to the reasoning of the first instance judgment, except for the addition of the judgment as to the intervenor's argument in the first instance court under Paragraph (2) below, and therefore, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and

(A) Article 25 subparag. 5 of the Intervenor’s collective agreement provides that a disciplinary action shall be imposed only on “a person who causes an accident and causes substantial damage to the company and who voluntarily conceals it after the occurrence of the accident” and “a person who voluntarily conceals it after the occurrence of the accident,” and Article 60(2)3, Article 63 subparag. 8, 16, and 27 of the Intervenor’s Rules of Employment may be imposed on workers who cause a traffic accident or cause a serious traffic accident by negligence, on workers who cause a traffic accident or cause a serious traffic accident by negligence pursuant to Article 60 subparag. 3, Article 63 subparag. 8, 16, and 27 of the Intervenor’s Rules of Employment.

Where a worker falls under any of the following subparagraphs, a company under Article 60 (Disciplinary Action) of the Rules of Employment of Participants may take disciplinary action through a resolution by the Disciplinary Committee:

(2) The grounds for disciplinary action (subject matters) against a worker may be disciplinary action against a person falling under any of the following subparagraphs:

3. When a worker under Article 63 (Subject to Disciplinary Action and Grounds therefor) has caused damage to the company intentionally or by gross negligence, he/she may dismiss him/her when he/she falls under any of the following:

8. A person who causes a serious accident to his/her human life or company, in violation of safety regulations, rules, and instructions, and thus causes enormous damage to his/her human life or company;

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