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(영문) 서울남부지방법원 2016.01.29 2015가합107015
해고무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a company that employs approximately two hundred full-time workers and engages in the automobile transport business, etc. The Plaintiff A and the Plaintiff B, who were employed by the Defendant on June 8, 2012, and November 28 of the same year, were employed as a bus driver, and were dismissed on April 25, 2015.

B. The plaintiffs' misconduct and disciplinary action 1) The defendant is the Seoul bus trade union C branch of the Seoul bus trade union (hereinafter "trade union") based on the criteria for employment of workers.

A) The Plaintiffs required the submission of the written consent or recommendation. Around 2012, the Plaintiff was employed as the Defendant’s employee by granting the money and valuables (Plaintiff A 4 million won, Plaintiff B 4.5 million won) to the head of the trade union branch D along with the employment solicitation (hereinafter “instant misconduct”).

(2) On March 23, 2015, the Defendant’s Disciplinary Committee, which revealed the fact of delivery of money and valuables, resolved that the Plaintiff was subject to disciplinary action and disposition on April 25, 2015, based on the grounds for disciplinary action against the Plaintiff.

(hereinafter “instant dismissal disposition”). The Plaintiffs filed an application for reexamination immediately after the Plaintiffs filed an application for reexamination, but the Defendant’s Disciplinary Committee dismissed the Plaintiffs’ application for reexamination on April 7, 2015.

C. The Defendant’s rules of employment regarding the instant dismissal disposition are as follows.

Article 25 (Dismissal) When an employee falls under any of the following subparagraphs, he/she shall be dismissed:

12. Where a disposition of dismissal is deemed appropriate in order to maintain order in company management by committing any act similar to the acts referred to in the subparagraphs of the preceding subparagraph, etc., which falls under any of the following subparagraphs, disciplinary action against an employee under Article 55 shall be taken by a resolution of the disciplinary committee:

1. When he/she is enrolled in an important career or in an unlawful manner;

9. When he has damaged the reputation or credit of the company; 13. When he aided and abetted or aided the company, 38. Other acts corresponding to the subparagraphs above shall be committed.

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