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(영문) 대전지방법원 2017.06.28 2016구합103704
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

On January 6, 2014, the Plaintiff entered into an employment contract with the Intervenor, setting the contract period from January 6, 2014 to December 31, 2014, and carried out Nadrid taxi drivers and vehicle management services, which are the means of transportation for the disabled in the mobile support center managed by the Intervenor as a fixed-term contract worker. On January 1, 2015, the Plaintiff entered into an employment contract with the Intervenor during the contract period from January 1, 2015 to December 31, 2015.

(hereinafter “instant employment contract”). On August 4, 2015, around 14:05, the Plaintiff generated physical and human damage equivalent to KRW 13,139,700 insurance money by causing a drilling accident with the vehicle in front of the vehicle in front of a three-distance radius near the Chynam-dong, Daegu-gu and the Chynam-dong, Daegu-gu, where passengers are on board, and rapidly stopped in the vicinity of the Chynam-dong, Daegu-gu, and Fynam-do.

(hereinafter “instant accident”). On November 30, 2015, an intervenor took disciplinary action against the Plaintiff for one month of suspension from office on the ground that the Plaintiff’s act falls under Article 45 of the Regulations on the Management of Customer Management and Employment and Article 27 of the Regulations on the Management of Fixed-Term Employment, which applies mutatis mutandis under Article 7 of the Regulations on the Management of Fixed-Term Employment, and Article 27 of the Regulations on the Management of Mobile Support Centers, and

The Intervenor, through the deliberation of the Personnel Committee, issued a provisional decision to not re-employment on the ground that the instant accident constitutes grounds for termination of employment contract under Article 28(1)2 of the Intervenor’s Regulation of Employment Support Center Regulation, and notified the Plaintiff of the decision to not re-employment on December 4, 2015.

(hereinafter “instant notification”). On January 21, 2016, the Plaintiff filed an application for unfair dismissal with the Gyeongbuk Regional Labor Relations Commission, and on March 25, 2016, the Gyeongbuk Regional Labor Relations Commission dismissed the termination of the instant employment contract and accepted the Plaintiff’s application for remedy.

On April 22, 2016, the intervenor filed an application for review with the National Labor Relations Commission, and the National Labor Relations Commission revoked the initial inquiry court on July 7, 2016 and dismissed the Plaintiff’s application for remedy.

(hereinafter referred to as the “instant decision on reexamination”). (The grounds for recognition shall be complied with.

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