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(영문) 서울서부지방법원 2019.02.20 2018가단209716

임금

Text

1. As to KRW 84,552,624 and KRW 64,552,624 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 20,00,000.

Reasons

1. Basic facts

A. On February 17, 2015, the Defendant is a cooperative established by investing KRW 25 million per capita by taxi drivers on February 17, 2015, and is also a cooperative.

7. 8. He/she engages in taxi transportation business by taking over about 100% of C’s shares from D that he/she has taken over C Co., Ltd. (hereinafter “C”) while undergoing rehabilitation procedures.

B. On August 6, 2011, the Plaintiff is a person who was employed as a taxi driver and served as a taxi driver on September 1, 2015 after having invested in the establishment of the Defendant’s capital.

C. On February 12, 2016, the Defendant dismissed the Plaintiff on the grounds of interference with the performance of duties by fraudulent means and unlawful uttering of private documents, and interference with the management of employees who want official authority.

(hereinafter “instant dismissal”) D.

On May 9, 2016, the Plaintiff filed an application for remedy against unfair dismissal. The Seoul Regional Labor Relations Commission ruled that “The dismissal of this case is unfair,” and that “the Defendant, within 30 days from the date of receipt of the written adjudication, shall restore the Plaintiff to its original position, and shall pay the amount equivalent to the wages which would have would have had been normally worked during the period of dismissal.”

(Seoul 2016da551). On June 15, 2016, the Defendant filed an application for reexamination with the National Labor Relations Commission on June 15, 2016, but the National Labor Relations Commission rendered a decision dismissing the application for reexamination on the same ground as on September 12, 2016.

E. As to the aforementioned decision made by the reexamination of the Central Labor Relations Commission, the Defendant filed a lawsuit seeking cancellation of the adjudication on the reexamination of the relevant dismissal remedy case by the Seoul Administrative Court 2016Guhap78370, but the said court dismissed the Defendant’s claim on June 15, 2017 (hereinafter “instant decision”), which the Defendant appealed in Seoul High Court 2017Nu59286, but the Defendant appealed in Seoul High Court 2017Nu59286, but was sentenced to the dismissal of the appeal on October 12, 2017. The Defendant appealed in Supreme Court 2017Du70267, Feb. 28, 2018.