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(영문) 서울행정법원 2015.05.28 2014구합66700
재심판정 취소 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all the Plaintiff.

Reasons

The plaintiff is a corporation that employs more than 1,000 full-time workers under the Ministry of Land, Transport and Maritime Affairs established on August 11, 2004 pursuant to the Act on Special Cases concerning the Operation of National Railroad, and operates a railroad connected transportation business. The intervenor is a person who entered the plaintiff on February 1, 2007 and works as KX crew at the Busan branch office.

On November 11, 2013, the Plaintiff was subject to the instant disciplinary action against the Intervenor, following the resolution of the personnel committee, to suspend the Intervenor from office for three months due to the grounds for disciplinary action (hereinafter “instant grounds for disciplinary action”).

(2) On February 3, 2014, the first trial tribunal of the Busan Regional Labor Relations Commission, which violated Article 86 subparag. 13 and subparag. 21 of the Rules of Employment, asserted that the instant disciplinary action was an unfair disciplinary action and filed a request for remedy against the Intervenor on April 18, 2014. The Busan Regional Labor Relations Commission dismissed the Intervenor’s request for remedy against the Intervenor on April 18, 2014.

On May 21, 2014, the Intervenor of the Central Labor Relations Commission rejected the Intervenor’s application for reexamination on the ground that the instant disciplinary action is not recognized, and ordered the Plaintiff to take relief measures for the cancellation of the instant disciplinary action and payment of the amount equivalent to wages.

(hereinafter referred to as “instant decision on reexamination”). 【No dispute exists, the Plaintiff’s assertion as to the legitimacy of the instant decision on reexamination of reexamination of reexamination of reexamination of reexamination of reexamination of reexamination of reexamination of reexamination of this case is as follows.

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