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(영문) 서울남부지방법원 2019.03.29 2018가합107726
해고무효확인
Text

1. It is confirmed that the Defendant’s dismissal against the Plaintiff on May 8, 2018 is null and void.

2. The defendant shall be the plaintiff.

a. 29,790.

Reasons

1. Basic facts

A. The Defendant is a company that employs 197 full-time workers and engages in the automobile transport business, etc., and the Plaintiff is a person who was employed by the Defendant on April 6, 2007 and served as an urban bus driver.

B. On December 6, 2017, the Defendant: (a) held a disciplinary committee against the Plaintiff; (b) decided on ten days of suspension from office for the following facts; and (c) around December 13, 2017, the Defendant’s representative director took a disciplinary measure against the Plaintiff for ten days of suspension from office.

On July 26, 2017, among the C urban bus operation services, the Plaintiff: (a) caused a traffic accident leading to the previous car while getting on and off the bus at the E stop located in Geumcheon-gu Seoul Metropolitan Government; and (b) destroyed the said car and urban bus, respectively.

(A) On October 23, 2017, the Plaintiff violated the “G” bus repair cost of KRW 1,800,000, and the urban bus repair cost of KRW 300,000,000. On October 23, 2017, the Plaintiff filed a civil petition against the passengers in violation of the signal beyond the center line after the lapse of the bus stop at Anyang-gu H stop at Anyang-si.

From October 27, 2017 to November 14, 2017, the Plaintiff failed to observe the frequency of dispatch habitually over 11 times.

C. From November 15, 2017 to January 18, 2018, the Plaintiff was pointed out by the Defendant that the Plaintiff had delayed operation without complying with the level of dispatch. D.

On January 18, 2018, the Defendant notified the Plaintiff of a standby order, and ordered the Plaintiff to work as a "preliminary engineer" for a fixed period from February 11, 2018 to May 10, 2018, on the ground that the Plaintiff urged the improvement of delayed operation on February 7, 2018.

E. On April 23, 2018, the Defendant held a disciplinary committee against the Plaintiff and decided to dismiss the Plaintiff. The Defendant’s representative director, May 2, 2018, dismissed the Plaintiff on May 8, 2018 (hereinafter “instant dismissal”).

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