logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2019.07.03 2019나20206
해고무효확인
Text

1. Revocation of the first instance judgment.

2. It is confirmed that the Defendant’s disposition of dismissal against the Plaintiff on November 26, 2017 is null and void.

3...

Reasons

1. Basic facts

A. The parties concerned are companies running high-speed bus transportation business, etc.

On September 17, 2004, the plaintiff has been serving as a member working on board who works for the defendant and drives an express bus.

B. On August 12, 2017, the Plaintiff started driving an express bus from 06:40 U.S. on August 12, 2017 and caused a traffic accident in the area near the Jinan International Ministry of Justice around 08:01 (hereinafter “instant accident”).

(2) On September 25, 2017, the Defendant held a personnel committee and decided to take a disciplinary measure against the Plaintiff for five (5) months (from September 27, 2017 to February 26, 2018) of working on board due to the instant accident, and notified the Plaintiff of the following.

C. On November 13, 2017, the Commissioner of the Local Police Agency prior to the instant disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition to revoke the license”) pursuant to Article 93(2) of the Road Traffic Act on the ground that the Plaintiff’s penalty points were 140 points and the penalty points for one year exceed 121 points as the result of the Plaintiff’s penalty points imposed on the Plaintiff according to the instant accident (hereinafter “instant disposition to revoke the license”).

(2) On November 26, 2017, the Defendant notified the Plaintiff on November 26, 2017 that the Plaintiff was automatically retired pursuant to Article 67(2)6 of the Defendant’s Rules of Employment (hereinafter “instant ipso facto retirement clause”).

(hereinafter “instant ipso facto disposition”) D.

The Plaintiff filed an objection against the revocation of the instant license. On February 1, 2018, the Commissioner of the Do Police Agency accepted the Plaintiff’s objection and changed the penalty points imposed on the Plaintiff according to the instant accident to 110 points, respectively, to the suspension of driver’s license (10 days).

[Ground of recognition] There is no dispute.

arrow