부당해고구제재심판정취소
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.
1. Details of the decision on retrial;
A. An intervenor is a company that was established around July 31, 1973 and ordinarily employs more than 290 workers, engaging in domestic and overseas bus transportation business in Gangnam-si branch.
B. In 2014, the Ministry of Employment and Labor implemented the “long-term Work Finding Program” (hereinafter “long-term Work Finding Program”).
The elderly internship project was implemented on the basis of the Act on the Prohibition of Age Discrimination in Employment and Elderly Employment Promotion, with the aim of enhancing the ability to adapt to the field and promoting the employment of the elderly by providing the elderly unemployed with an opportunity for business internships.
According to the guidelines for the implementation of the foregoing project (hereinafter “the Guidelines for the Elderly”), if a company operating the internship employs and work as an intern for a period of up to four months, a certain portion of the worker’s wage shall be provided by the State during the internship period, and if an intern is employed as a full-time employee after the duration of the internship period, a certain portion of the worker’s wage shall be additionally provided by the State for six months.
C. On April 2, 2014, the Plaintiff applied for support to the Gangnam Chamber of Commerce and Industry, which is an institution entrusted with the business of the senior internship.
On April 4, 2014, the Plaintiff entered into an employment contract with an intervenor, who is an institution in which the internship was conducted through the Gangnam Chamber of Commerce and Industry (hereinafter “instant employment contract”).
At the time of the conclusion of the instant labor contract, the Plaintiff and the Intervenor prepared a labor contract (hereinafter “instant labor contract”) under the title “standard internship agreement” in accordance with the guidelines for the long-term internship system. The said labor contract is written as “from April 5, 2014 to August 4, 2014” and the content of the business as “city bus driver.”
An intervenor.