부당해고구제재심판정취소
1. On December 7, 2016, the National Labor Relations Commission rendered relief to unfair dismissal (No. 2016) between the Plaintiff and the Defendant joining the Defendant.
1. Details of the decision on retrial;
A. The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) joined the Plaintiff on August 1, 198, and served as the chief of the headquarters deduction division from January 11, 2008.
B. On August 31, 2010, the supplementary intervenor was subject to disciplinary action against the supplementary intervenor on the ground that the supplementary intervenor obtained a loan from the Plaintiff in violation of the loan-related provision, and failed to repay the loan, thereby causing damage to the Plaintiff, and the Plaintiff left the place of work without permission.
The Intervenor asserted that the above disciplinary dismissal was null and void, and filed an application for remedy with the Jeonnam Regional Labor Relations Commission No. 2010, 310, and filed an application for review with the Central Labor Relations Commission No. 2010, 2010, but all dismissed.
In other words, the assistant intervenor filed an appeal against the above review decision of the National Labor Relations Commission with the Seoul Administrative Court 201Guhap6202.
On October 21, 201, the court rendered a judgment that revoked the above review decision on the ground that the above disciplinary action was abused too much than the level of the misconduct of the supplementary intervenor, which recognized only the grounds for the disciplinary action that the supplementary intervenor was deprived of the place where the supplementary intervenor was absent without permission.
The above judgment became final and conclusive by all dismissal of all appeals and appeals against it.
(Seoul High Court Decision 201Nu38461 Decided March 21, 2012, and Supreme Court Decision 2012Du8465 Decided July 12, 2012). The Plaintiff rendered a decision of reinstatement to the Intervenor on September 28, 2012, upon which the Plaintiff imposed a disposition of suspension from office for 6 months regarding the grounds for the disciplinary action against the unauthorized transfer of the place of work recognized as the legitimate grounds for the disciplinary action, and converted the Intervenor into “special research committee member”.
C. The Intervenor again filed an application for remedy with the Jeonnam Regional Labor Relations Commission No. 2012Da354, asserting that the above suspension of duty is unreasonable.
Jeonnam Regional Labor Relations Commission on November 16, 2012.