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(영문) 부산지방법원 2015.01.23 2014가합2832
해고무효확인 등
Text

1. It is confirmed that the Defendant’s disposition of dismissal against the Plaintiff on January 7, 2014 is null and void.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The Defendant Company is a corporation established for the purpose of passenger transport service, etc. of buses, and the Plaintiff is an employee who entered the Defendant Company on November 12, 2000 and served as a bus driver until January 7, 2014.

B. 1) On November 22, 2013, around 17:25, 2013, the Plaintiff returned home in Busan Northern apartment (hereinafter “instant injury”) with D and E, a company partner of D and D, and had been able to drinked, and had been able to prevent them from drinking. However, the Plaintiff was able to hear the horses from the son, and she was able to see the head of E in the form of a small-scale disease for about 14 days and got the head of E in the form of a small-scale disease (hereinafter “instant injury”).

(2) On April 16, 2014, the Plaintiff agreed with E on the condition that the Plaintiff would pay KRW 6 million in the course of the conciliation of the Busan District Prosecutors’ Office, which was conducted in relation to the instant injury on January 20, 2014, to the effect that the Plaintiff would pay KRW 6 million in the process of conciliation by the Busan District Prosecutors’ Office, which was conducted on January 2014.

C. 1) On December 23, 2013, the Defendant sent a written summons to the Plaintiff for the attendance of the Disciplinary Committee. On January 2, 2014, the Defendant held a disciplinary committee to take disciplinary action against the Plaintiff (hereinafter “instant dismissal disposition”).

(3) On January 6, 2014, a notice of the result of the instant disciplinary action sent to the Plaintiff on January 6, 2014, stating that the Plaintiff is dismissed as of January 7, 2014 (as stated in the evidence A5, 6, and 4).

(2) The above Disciplinary Committee (No. 4 and No. 3) and the notice of the result of disciplinary action are indicated as follows: (a) major facts are recorded in the Plaintiff’s act of violation (hereinafter “the Plaintiff’s act of violation”) such as the description of facts in the table of facts under the table below.

However, among the plaintiff's offenses, the offenses referred to in paragraphs 1 through 10 of the following table (hereinafter "the offenses of Type 1") are each of the above documents.

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