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(영문) 서울행정법원 2015.04.23 2014구합60696
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

An intervenor in the status of a party to the instant ruling is a company that operates urban bus transportation business by employing 280 regular workers, and the Plaintiff is a person who re-enters to the Intervenor on June 2, 201 and served as a bus driver on the part of the Intervenor on June 2, 2011.

On August 15, 2013, while the Plaintiff was running a bus (vehicle No. B) of the Intervenor on August 13:00, 2013, the Plaintiff was faced with an accident that collisions with the vehicle on which the bus was driven in front of the office of the Myeon in the Jin-gun, Gosung-gun, Gangwon-do (hereinafter “instant traffic accident”). On the other hand, the Intervenor was damaged by the instant traffic accident by KRW 3.7 million in total, the amount of the damage caused by the substitute and KRW 3.7 million in agreement.

On September 26, 2013, after the decision of the Disciplinary Committee, the intervenor paid the traffic accident of this case on September 26, 2013.

(d) 1. Grounds for dismissal under subparagraph 5 of Article 34 of the Rules of Employment and Rules;

On the ground that “the instant disciplinary action was taken against the Plaintiff as of October 26, 2013 (hereinafter “instant disciplinary action”). On November 20, 2013, the first inquiry tribunal of the Gangwon Regional Labor Relations Commission asserted that the instant disciplinary action was unfair, and filed an application for unfair dismissal with the Gangwon Regional Labor Relations Commission, and the Gangwon Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on January 20, 2014. The Plaintiff, who was dissatisfied with the first inquiry tribunal of the National Labor Relations Commission, filed an application for reexamination with the National Labor Relations Commission on February 28, 2014, but the National Labor Relations Commission was justifiable on May 13, 2014 because the instant disciplinary action was deemed reasonable as a disciplinary action.

“For this reason, the Plaintiff dismissed the Plaintiff’s request for review.

(hereinafter referred to as “instant decision on reexamination”). [Ground of recognition] There is no dispute, entry of evidence No. 1-1 and No. 2, and the purport of the entire pleadings, whether the instant decision on reexamination is legitimate.

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