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(영문) 대전지방법원 2015.05.20 2014구합102493
부당징계구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff related to the parties is a company engaged in the manufacturing business of Kablers, etc., which is the parts of the motor vehicle and the Kablers, using 80 full-time workers in Daegu-gun, and the intervenor joined the Plaintiff on August 18, 2005 and worked in the production team automatically, and worked in the production team from December 2009 to March 2013, 209 (hereinafter “metallic Trade Union”) as the branch head of the Korea Metal Trade Union (hereinafter “MMMM”) Plaintiff Branch (hereinafter “MMMM”) of the Korea Metal Trade Union from December 2009, and the limit of the working hours assigned to the Metal Trade Union Branch was 150 hours more than 150 hours, and was returned to the automatic production team team team, which was the original production team.

B. 1) The Plaintiff’s disciplinary action against the Intervenor on October 4, 2013 following the resolution of the disciplinary committee (hereinafter “instant disciplinary action”), as follows (hereinafter “instant disciplinary action”).

In accordance with Article 49 of the collective agreement, Article 4, 5, and 13 of the Rules of Employment, the instant disciplinary action was taken on October 14, 2013 to December 12, 2013.

Grounds for Disciplinary Action

1. Deserting from a workplace without permission by leaving the workplace on May 27, 2913, June 3, 2013, June 3, 10, 17, 19, 24, July 1, 15, August 5, 12, and 19 (hereinafter referred to as “unauthorized leaving the workplace”);

2. Violation of business instructions;

3. Obstruction of business;

4. On October 10, 2013, an intervenor filed an application for reexamination of disciplinary action against a building intrusion upon the installation of illegal facilities. The plaintiff dismissed the intervenor's request for reexamination on October 22, 2013 following the resolution of the Review Disciplinary Committee. (C) The plaintiff asserted that the instant disciplinary action constituted an unfair disciplinary action, and filed a request for remedy with the Busan Regional Labor Relations Commission on December 5, 2013 (Seoul Regional Labor Relations Commission Decision 2013Du874/Ma64) and the Busan Regional Labor Relations Commission revoked the instant disciplinary action and paid the amount equivalent to the intervenor's wages to the plaintiff.

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