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(영문) 부산고등법원 2015.09.09 2015나1062
해고무효확인 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of passenger transportation services and transportation services, and the Plaintiff is a person who joined the Defendant Company on April 200 and served as a bus driver by June 3, 2014.

B. 1) On April 24, 2014, the Plaintiff allocated B bus No. 155 minutes at 6:35:00 am of April 24, 2014 (b) the day immediately preceding the allocation.

4. 23. 21:00 to 22:00, the bus operation began at 06:50 by excluding the relation in which alcoholic beverages are drinking and diving at the above time of the ship.

2) The Plaintiff was exposed to the police officer called out after receiving a report from the passengers boarding the bus at around 07:20, while driving the bus as above, with less alcohol, at around 07:20, the Plaintiff was running the bus. The Plaintiff was exposed to the police officer who called out after receiving a report that “the bus driver smelts alcohol.” The Plaintiff was 0.064% of the blood alcohol concentration measurement, and 0.079% of the amount by blood collection. 3) due to the above drunk driving, the Plaintiff’s penalty points pursuant to the “the criteria for the cancellation of driver’s license” issued by the head of the Busan Coast Guard station on May 4, 2014 (attached Form 100) of the Enforcement Rule of the Road Traffic Act [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act.

3.(a)

It is paragraph 2.

The suspension of driver's license for 100 days (hereinafter referred to as "the suspension of license of this case") was imposed on the ground that it constitutes the case, and the sentence of a fine of KRW 2 million was imposed on the criminal trial (Seoul District Court 2014 High Court 2960, 2014 High Court 2064, Busan District Court 2014No3532).

C. 1) On May 27, 2014, the Defendant decided to dismiss the Plaintiff as of June 3, 2014, by holding and deliberating upon a personnel committee for the Plaintiff on May 27, 2014 (hereinafter “instant dismissal”).

), 다음과 같은 해고사유를 원고에게 통지하였다. ◈해고사유 ① 15분 지각하여 6시 50분에 출근하고, 관리자의 지시를 받지 않은 상태에서 임의적으로 버스운행을 시작함 (취업규칙 제6, 28조, 30조 위반 ② 배차된 출발시간을 준수하여야 함을 알고 있었음에도...

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