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(영문) 서울남부지방법원 2018.07.27 2017가합1821
해고무효확인
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company established on March 24, 1962 and engaged in the taxi transport business, etc., and the Plaintiff is a person who was employed by the Defendant on December 13, 2013 and served as a taxi engineer.

B. On November 23, 2014, at around 01:05, the Plaintiff was operating a taxi in the beneficial-dong Lane located in Jongno-gu Seoul, Jongno-gu, Seoul, but another taxi changing the tea was placed in the direction of the Plaintiff driver’s seat, and another taxi changed the tea was placed in the direction of the Plaintiff driver’s seat.

(hereinafter “instant traffic accident”). C.

The Plaintiff, due to the instant traffic accident, sustained injuries such as salt, tension, tensions, and tensions in the Gyeong River, and temporarily retired from office from November 24, 2014 to December 31, 2014.

On January 1, 2015, the Plaintiff was reinstated and temporarily retired from office since August 5, 2015, and the specific period of temporary retirement and the number of days of temporary retirement are as follows:

The number of days of leave of absence between August 5, 2015 and August 31, 2015, from September 1, 2015 to September 30, 30, 2015; from October 1, 2015 to October 12, 2015; from October 19, 2015 to October 12, 2015; and from October 31, 2015, from October 31, 2015 to October 12, 2015 to October 31, 2015.

E. On September 7, 2015, the Defendant sent a written guidance of reinstatement to the Plaintiff. On September 22, 2015, the Defendant sent a written notification to automatically retire without any intention of reinstatement. On November 2 and February 17, 2011, the Defendant sent the notice requesting the Plaintiff to return along with a written opinion that does not impede taxi driving operations and the written guidance of reinstatement.

F. On December 16, 2015, the Plaintiff requested the Defendant to extend the period of temporary retirement approved by December 16, 2015 by January 2, 2016, following the “application for extension of temporary retirement, implementation of a letter of demand for dispatch, and written request for reply” to the Defendant.

G. However, on December 22, 2015, the Defendant determined that it is difficult to reinstate the Plaintiff’s health, and terminated the employment relationship with the Plaintiff as of December 21, 201 pursuant to Article 57 of the Rules of Employment.

H. The Defendant’s collective agreement and rules of employment on temporary retirement, retirement, etc. are as stated in the relevant statutes.

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