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(영문) 부산지방법원 2014.11.07 2014가합43611
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are companies running passenger transport business, and the plaintiff is a person who entered into an employment contract with the defendant on October 25, 1997 and served as a driver.

B. On the ground that the Plaintiff intentionally refused to work on board on August 10, 2009, the Plaintiff filed a request for remedy against unfair suspension from office with the Busan Regional Labor Relations Commission after being subject to seven days of suspension from office from the Defendant on October 1, 201 of the same year, and received a decision to revoke the above disciplinary action on January 28, 2010 on the ground that “the grounds for disciplinary action are recognized, but the amount of the disciplinary action is excessive.” The Defendant filed a request for reexamination with the National Labor Relations Commission, but the same year was applicable.

4.7. The decision of dismissal has been rendered.

2) On March 28, 2010, the Defendant took four days of suspension from office on the ground of absence from office without permission on January 14, 2010, and the Plaintiff filed an application for relief from unfair disciplinary action with the Busan Regional Labor Relations Commission. The Busan Regional Labor Relations Commission revoked the above disciplinary action on the ground that there is a procedural defect in the procedure that the Defendant did not hold a review personnel committee for the Plaintiff under the personnel committee regulations. 3) After revocation of the above seven days of suspension from office against the Plaintiff, the Defendant held a personnel committee on June 30, 2010 to punish the Plaintiff again, and the Plaintiff was on his own report to the 119 emergency squad and sent back to the Busan Busan Metropolitan Hospital.

C. On July 1, 2010, the Defendant notified the Plaintiff on July 1, 2010 that “The Plaintiff shall be forced to suspend the Plaintiff’s duty of driving until submitting a written opinion confirming that there is no problem after undergoing accurate medical examination to the general hospital specialists for the Plaintiff’s health and passenger safety.” 2) As the Plaintiff continued to be absent from office on July 1, 2010, the Defendant submitted the Plaintiff’s report and documentary evidence to the Plaintiff on July 21, 201.

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