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(영문) 서울고등법원 2015.01.19 2013나80285
해고무효확인등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The defendant is a company that operates passenger transportation services with the authorization of routes from 50, 53, and 56 among the city bus routes operated by the Ilcheon-si, Seocheon-si, Seocheon-si.

The plaintiff is a person who was employed by the defendant on September 9, 2005 and served as an urban bus driver belonging to the defendant until dismissal on March 7, 2013.

(B) No. 13-1). Of the content of the employment contract and collective agreement between the Plaintiff and the Defendant, the Plaintiff entered into with the Defendant on September 8, 2012, the main contents pertaining to the instant case are as follows.

2. Working hours: From the working hours to the retirement (from the working hours) (20,000 won shall be paid for the number of working days per month to the full attendance of 17 days);

3. Wages.

(a)Payment of the following wages on the 12th day of each month:

(Calculation and Payment of Number of Days of Service)

The following wages shall include basic pay, legal allowances, other allowances, food expenses, etc.:

(A) Wages: 2,017,500 won per month, 17 days per day (105,200 won per day)

(c) bonuses shall be paid quarterly only for those who have served for not less than one year in accordance with the Company Regulations;

The main contents of the Defendant’s collective agreement (Evidence A No. 8) pertaining to this case are as follows:

Article 25 (Dismissal) Any provision concerning the dismissal of employees shall be governed by the Rules of Employment.

Article 29 (Types of Disciplinary Action) Disciplinary action shall be classified as follows on the basis of fairness:

1. Issuing warnings, reprimand, salary reduction, suspension of service on board, disciplinary dismissal;

2. The amount of salary reduction shall not exceed Article 95 of the Labor Standards Act;

3. The waiting to work on board for a traffic accident investigation within one month shall not be recognized as disciplinary action.

4. A person exposed to drinking alcohol shall immediately dismiss him/her on the basis of traffic regulations.

Article 35 (Determination of Hours, etc. of Trace) A company shall consult with the branch office in advance at the time of granting members appropriate hours of operation of dispatch to ensure safe operation and determining or changing the hours of operation of dispatch.

The plaintiff's route bus operation and the first, second, of this case.

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