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(영문) 부산지방법원 동부지원 2018.02.09 2017가합102753
손해배상(기)
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 parties concerned are the Corporation with the objective of education and publicity on road traffic safety, technology development, and administration of driver's license tests. The Plaintiff is a person who joined the Defendant as a broadcasting worker class 4 on April 3, 1997 and has served as a proxy for D Broadcasting E (Class 3) under the Defendant from February 3, 2013 to February 2013.

B. On April 7, 2014, the Defendant’s Trade Union requested the Defendant to conduct an audit of the Plaintiff’s unfair labor practice and verbal abuse, etc. On April 24, 2014, the Defendant’s Inspector demanded the Defendant to take a heavy disciplinary measure against the Plaintiff as it falls under Article 47(1)1 and 2 of the Personnel Regulations on May 7, 2014. Accordingly, on May 13, 2014, the Defendant demanded the Central Disciplinary Committee to take a disciplinary resolution against the Plaintiff, and released the Plaintiff’s position on May 14, 2014. (2) Defendant’s Central Disciplinary Committee asked the Plaintiff on May 20, 2014 that “The Plaintiff was subject to the Plaintiff’s unfair labor practice, such as MC and franchise by using the superior position of E, provided that he was not subject to the Plaintiff’s request for explanation, and that he was not subject to the dismissal of the Plaintiff’s unfair labor practice, such as money and valuables, and that he was not subject to a considerable dismissal from the Plaintiff’s service.

3) On May 21, 2014, the Defendant dismissed the Plaintiff according to the resolution of the Central Disciplinary Committee (hereinafter “instant dismissal”).

(C) On June 20, 2014, the Plaintiff asserted that dismissal was unfair and applied for remedy to the Busan Regional Labor Relations Commission. C. The Busan Regional Labor Relations Commission (1) filed an application for unfair dismissal and reinstatement 1) on September 20, 2014.

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