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(영문) 서울행정법원 2015.02.05 2014구합14587
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

1. The circumstances leading to the decision on reexamination of this case

A. The Plaintiff is a company that employs 800 regular workers and engages in bus transportation business, etc.

Plaintiff

In the Company, A Trade Union was established as a branch of the Korea Automobile and Motor Vehicle Trade Union (hereinafter “instant trade union”), but around September 2013, A Trade Union changed its organization from the branch of the instant trade union to a company-level trade union.

(hereinafter referred to as “A trade union” as a branch of the instant trade union for convenience. The Intervenor B was a member of the A trade union, who was employed in the Plaintiff company on January 1, 1997 and worked as an driver on January 1, 1997.

On March 23, 1997, the Intervenor C was employed as a driver on March 23, 1997 and was exempted from working hours upon recognition of the status of his predecessor as the chief executive officer of the Trade Union.

B. The Intervenor withdrawn from a trade union around October 2013 and joined the instant trade union A branch, and the instant trade union A was admitted to the instant trade union on October 14, 2013.

(hereinafter “instant branch”). The Intervenor B was the head of the organization of the instant branch.

C. On November 4, 2013, the Plaintiff notified the Intervenor B that the personnel committee was held on November 18, 2013, stating the following grounds for holding the personnel committee.

Cases violating the rules of employment;

2. As of the case of violation of the Rules of Employment related to the notification of the Personnel Committee, the Plaintiff is absent from work without permission from the Intervenor B from October 20, 2013 to October 26, 2013 in a situation where the Plaintiff is proceeding to overcome the crisis in management by mutual agreement and agreement between the labor and management, and the Intervenor B is absent from work without permission. Additional matters that the above act of the Intervenor B was referred to the Personnel Committee as it falls under subparagraphs 17 and 20 of Article 55 of the Rules of Employment - the case of violation of the Rules of Employment - 08:00 and 17:000 and October 25, 2013, and November 6, 2013.

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