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(영문) 서울남부지방법원 2016.04.08 2015가합107664
근로에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company that operates passenger vehicle transportation business, etc., and the plaintiff is a person who was employed by the defendant on June 18, 2004 and works as a bus driver.

B. On January 27, 2014, the Plaintiff was driving a B bus around 05:30 on January 27, 2014, and the three-lanes of the three-lane road in Seocho-gu Seoul Metropolitan Government C in front of Seocho-gu, Seoul High School (hereinafter “Seoul High School”) was driving from the air basin.

The plaintiff was unable to find out the fluored parts of the above road surface, and proceeded as they were above the fluorite part of the above bus without reducing the speed of the above bus, and due to the shock generated therefrom, only one passenger who was sitting on the back side of the bus surface above the floor and suffered injury in need of approximately eight weeks of treatment, such as pressure dradating, etc.

(hereinafter “instant accident”). The Plaintiff was imposed a penalty of KRW 30,00 on the instant accident, and was not referred to criminal proceedings, such as summary indictment.

C. On March 6, 2014, the Defendant’s personnel committee deliberated and resolved on five (5) days of suspension from office against the Plaintiff based on the summary disciplinary procedure for the instant accident according to the disciplinary action procedure, and the same year.

7. On August 18, 201, the Plaintiff notified the Plaintiff of the result of a disciplinary action that “from August 1, 2014 to the fifth day of the same month of suspension” (hereinafter “instant suspension disposition”).

2. On August 1, 2014, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission for unfair suspension from office, etc., but the Seoul Regional Labor Relations Commission has the same year.

9. On January 8, 2015, the Plaintiff dismissed the above request for remedy, and the National Labor Relations Commission dismissed the Plaintiff’s request for reexamination on January 8, 2015.

The provisions pertaining to the instant suspension disposition among the collective agreements and rules of employment applicable to the defendant's workplace are as follows.

1) The Seoul Metropolitan Government Bus Transport Business Association (hereinafter “Employer’s Association”) to which the Defendant belongs, is a collective agreement.

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