1. The plaintiff's claim is dismissed.

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

1. Causes and contents of the decision in the retrial;

A. The Plaintiff is a company established on May 11, 1979 and engaged in automobile transportation business, etc.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was enrolled in C on November 1, 199 and served as a taxi engineer on November 1, 2001, and was transferred to the Plaintiff upon the acquisition of the company by the Plaintiff on June 1, 2001.

B. On May 27, 2015, the Plaintiff was subject to disciplinary action against the Intervenor for the following reasons:

(hereinafter “instant disciplinary action”). On September 26, 2009, the Intervenor was subject to the suspension of license (period: from October 31, 2009 to February 17, 2010) due to driving by drinking exclusively, and due to this, the Intervenor was required to maintain the suitability of driving qualifications after undergoing a special inspection pursuant to the Passenger Transport Service Act (hereinafter “passenger Act”), despite the fact that the accumulated points of the penalty points are at least 110 points, and thus, the Intervenor failed to meet the basic qualification requirements as a taxi driver due to the prolonged special inspection from September 26, 2009 to September 26, 2009.

(hereinafter “Grounds for Disciplinary Action 1”). An intervenor is subject to a disposition of suspension of qualifications due to a violation of Article 24(4) of the Passenger Transport Act [Violation of the Act on the Control of Narcotics, etc.] and Article 87(1) of the same Act for three months from February 16, 2012 to May 15, 2012, and cannot be deemed as a minor impact on the lectures and wind order within the company.

(hereinafter referred to as "the grounds for the second disciplinary action").

On May 27, 2015, an intervenor filed an application for remedy against the instant disciplinary action with the Gangwon Regional Labor Relations Commission, and on July 21, 2015, the Gangwon Regional Labor Relations Commission accepted the application for remedy on the ground that “Partial grounds for disciplinary action are recognized, but they are unreasonable.”

On August 27, 2015, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission. On November 16, 2015, the National Labor Relations Commission dismissed the application for reexamination on the same ground.

(hereinafter referred to as “instant decision on reexamination”). [The grounds for recognition] did not dispute, entry in Gap 1 and 2 evidence, and oral arguments.