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(영문) 대전지방법원 2017.03.22 2016구합103278
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

The Plaintiff was established on December 16, 1965 and operated passenger transport business by employing 115 full-time workers. On March 8, 2003, the Intervenor was dismissed on September 25, 2015 (hereinafter “instant dismissal”).

On November 18, 2015, the Intervenor filed an application for remedy with the Gyeongbuk Regional Labor Relations Commission by asserting that the dismissal of the instant case constituted unfair dismissal and unfair labor practices. On January 4, 2016, the Gyeongbuk Regional Labor Relations Commission dismissed the application for remedy that the dismissal of the instant case is justifiable and that it does not constitute unfair labor practices.

(J) On February 12, 2016, 2016, the Intervenor appealed to the above early inquiry tribunal and filed an application for reexamination with the National Labor Relations Commission. On June 7, 2016, the National Labor Relations Commission revoked the relevant dismissal part of the said early inquiry tribunal and dismissed the remainder of the application for reexamination.

(2) The dismissal of the instant case is justifiable in light of the following: (a) there is no dispute over the pertinent dismissal part; (b) the entry of evidence No. 1; and (c) the overall purport of the pleading as to whether the instant dismissal was lawful; and (d) the circumstances leading to the Plaintiff’s dismissal of the instant case; and (c) the Intervenor’s disciplinary history, etc.

Unlike this, the review decision of this case, which recognized that the dismissal of this case is unfair, is unlawful.

Facts of recognition

The Intervenor’s disciplinary action against the Intervenor has 14 days of suspension from office from the Plaintiff on December 9, 2008, 10 days of suspension from office on April 30, 2009, 15 days of absence from office on April 30, 2009, 60 days of suspension from office on July 12, 2010, and 30 days of suspension from office (the remaining 30 days of suspension from office) on the ground of violence against the Plaintiff.

The intervenor's misconduct and amnesty Kimcheon-si, the intervenor's participation in the misconduct, and the passenger's participation in the racing at around 16:20 on August 13, 2014, seems to be above.

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