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(영문) 서울행정법원 2017.09.21 2016구합7323
부당징계 및 부당노동행위구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

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

A. The Plaintiff is a company that operates passenger transport business by employing approximately 70 workers in the budget-based H in Chungcheongnam-do, Chungcheongnam-do.

B. Defendant Intervenor Intervenor’s Intervenor (hereinafter “ Intervenor”) (hereinafter “instant trade union”) is a nationwide industrial trade union established with the organization of workers engaged in the public and social service industry, and has A branch within the Plaintiff (hereinafter “instant trade union branch”) from November 3, 2014, which is a nationwide industrial trade union established with the organization of workers engaged in the public and social service industry.

The Intervenor B, C, D, E, F, and G (hereinafter “instant workers”) joined the Plaintiff and served as a bus driver, and is the employees belonging to the division of the instant trade union.

C. On October 29, 2015, the first instance court disciplinary committee and December 11, 2015, on the grounds specified in the following table, notified the Intervenor B, C, and D of disciplinary action according to the resolution of the Review Disciplinary Committee following the resolution of the Review Disciplinary Committee. On the grounds for the disciplinary action specified in the following table, the Plaintiff notified the Intervenor E, F, and G of the disciplinary action following the resolution of the Review Disciplinary Committee following the resolution of the Review Disciplinary Committee on November 19, 2015 and on December 29, 2015.

(B) In addition, each of the instant disciplinary actions was carried out seven times from March 30, 2015 to April 19, 2015, and four times from July 9, 2015 to July 13, 2015 on the part of participants who participated in the decision of the Review Disciplinary Committee of the first instance of the disciplinary action. From April 11, 2015 to April 19, 2015, he/she refused to submit four times from April 11, 2015 to April 19, 2015.

From July 10, 2015 to July 14, 2015, the Intervenor posted the “ Democratic bus” and name cards, other than the company’s designated uniforms and name tags, on four occasions during his/her service. From April 3, 2015 to April 16, 2015, 8 times from April 3, 2015 to April 16, 2015, 4 times from July 10, 2015 to July 14, 2015.

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