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(영문) 대전지방법원 2017.11.22 2017구합101804
부당노동행위구제재심판정취소
Text

1. On February 23, 2017, the National Labor Relations Commission between the Plaintiff, the Intervenor, and the AA trade union.

Reasons

The Plaintiff was established on March 20, 1969 and operated taxi transportation business with approximately 60 full-time workers. The Intervenor joining the Defendant (hereinafter “ Intervenor”) was the representative of the Plaintiff Trade Union A (hereinafter “instant Trade Union”) and was employed on July 26, 2012 and served as a taxi engineer.

An intervenor did not enter the fact that he/she worked as a vehicle manager in another taxi transport business entity, and did not enter the taxi vehicle into the plaintiff on a non-number of days and absence from work, and personally carried on the taxi business, and did not have any dispute over the plaintiff's office.

On August 19, 2016, the Plaintiff held a disciplinary committee and decided to be “a dismissal” for the Intervenor, and notified the Intervenor that the Intervenor was dismissed on the same day as follows (hereinafter “instant dismissal ground”):

(hereinafter “instant dismissal”) . 1. The intervenor, despite the fact that there were many people who had worked for about 2 years in other taxi transportation businesses despite the fact that he/she had accurately entered his/her career in the curriculum submitted to the company before his/her membership, was false in his/her own business;

2. In order to be absent from office as a taxi engineer, the Intervenor submitted a leave of absence to the company and brought the vehicle driven into the company’s garage. However, from July 2012 to May 2016, the Intervenor did not put the vehicle into the vehicle after submitting it by improper means, such as submitting a leave of absence, etc., on a total of 92 occasions from July 2012 to May 2016, and took 11,111,398 won in total due to the company’s voluntary operation at will following the company’s sunset.

3. On October 14, 2015, the Intervenor: (a) established a unit labor union (in the event that a labor union was not elected after the opening of the president of the Korea Labor-General C Branch, the establishment of an extreme labor union) and became the president of the extreme number of labor unions (in the event that an election was not held after the opening of the president of the Korea Labor-General C Branch, an intervenor shall be included in the company office at around 14:00 on November 14, 2015, a public announcement of unit labor union is made.

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