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(영문) 서울행정법원 2015.09.17 2015구합67069
부당정직및부당노동행위구제재심판정 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The plaintiff was established on April 26, 1980 and was ordinarily employed by approximately 220 full-time workers for air passenger transportation business, etc. The plaintiff is a company with the purpose of air passenger transportation business. The intervenor joined the plaintiff on June 17, 1998 and worked as an airport-free bus driver belonging to the transport service team.

B. On November 19, 2014, the Plaintiff held a personnel committee to take a two-month disciplinary measure against the Intervenor under Article 78(1)2, 9, and 13 of the Regulations on the Personnel Affairs of the Plaintiff on the ground that “the Intervenor, at around 18:00 on October 30, 2014, started from the Incheon Public Port and stopped without standing in the air and was doing any act detrimental to the image of the company, such as threatening to threaten customers.”

(hereinafter “instant suspension from office”) C.

On December 8, 2014, the intervenor asserted that the suspension from office of this case constituted unfair suspension from office and unfair labor practices and applied for remedy to the Seoul Regional Labor Relations Commission.

On February 2, 2015, the Seoul Regional Labor Relations Commission received a request for remedy from an intervenor for unfair suspension from office on the ground that the intervenor was subject to disciplinary action although there was a disciplinary reason, and determined that the intervenor does not constitute unfair labor practice.

On March 11, 2015, the plaintiff appealed to the above initial inquiry court, and the intervenor applied for each retrial to the National Labor Relations Commission on March 13, 2015.

On May 27, 2015, the National Labor Relations Commission dismissed all the applications filed by the Plaintiff and the Intervenor for reexamination on the same grounds as the above initial inquiry tribunal.

(hereinafter) Of the above decision on retrial, the part concerning unfair suspension from office between the plaintiff and the intervenor shall be referred to as "the decision on retrial of this case"). / [Grounds for recognition] without dispute, each entry in Gap evidence Nos. 1, 2, 5 through 9, and 15 (which include each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the decision on the retrial of this case is lawful

A. The plaintiff's assertion-free bus passes through a stop without stopping shall be used.

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