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(영문) 수원지방법원안산지원 2016.01.14 2014가합24393
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a corporation whose purpose is passenger transportation services, etc.

On September 8, 1996, the Plaintiff was subject to disciplinary action against the Defendant on September 4, 2014 (hereinafter “instant dismissal disposition”).

B. The grounds for the disciplinary action on the dismissal of the instant case (hereinafter collectively referred to as the “instant grounds for disciplinary action”) are as follows.

1) Voluntary treatment after the occurrence of the passenger B’s accident (hereinafter “instant ground for disciplinary action”).

() On May 31, 2014, while the Plaintiff was driving on a bus that the passenger B was faced with the bus door, the Plaintiff concealed the said accident and agreed to pay KRW 1 million to B, thereby dealing with the traffic accident instead of going through the National Bus Transport Business Federation. (ii) On June 12, 2014, the Plaintiff refused to take passengers and abused language (hereinafter “the ground for disciplinary action”) with respect to the above B: (a) on the bus that the Plaintiff driven on the bus that the Plaintiff was driving, stating that the Plaintiff would not leave the bus on the bus, and caused the Plaintiff to refuse to take passengers and make a verbal abuse against B on the bus.

3) In the event of an accident involving passenger C (hereinafter “instant disciplinary ground”)

On August 12, 2014: (a) the Plaintiff stopped a bus in the signal air and did not pay attention at the time of departure, resulting in an accident of getting injured by exceeding 81 years of age, which occurred in the next stop; (b) after the occurrence of an accident against the said C (hereinafter “the ground for disciplinary action 4”): The Plaintiff received a direction from the Plaintiff that he/she would not arbitrarily handle the accident of the said C even though it was discovered that he/she voluntarily handled the accident of the said C and that he/she would not arbitrarily handle it: (c) the Plaintiff agreed to pay KRW 550,00 to C on August 18, 2014, thereby violating the said direction by voluntarily treating C’s accident.

Article 49 (Types of Disciplinary Action) of the Rules of Employment shall not dismiss, suspend from office, suspend attendance, and take any other disciplinary action without justifiable grounds, and the extent of disciplinary action.

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