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(영문) 서울행정법원 2018.08.16 2017구합2684

부당해고 및 부당노동행위 구제재심판정처분취소

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1. On March 10, 2017, the National Labor Relations Commission between the Plaintiff, the Intervenor, and the D Trade Union.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that operates urban bus transportation services with 130 full-time workers, established on October 24, 2001 and employs 130 full-time workers. The Defendant’s Intervenor B (E) is a bus driver who entered into a multiple-time employment contract with each Plaintiff on August 13, 2005, and the Defendant’s Intervenor C (FF) was employed by each Plaintiff on March 21, 201.

(hereinafter “Defendant Intervenor B” and “Defendant Intervenor B” are “ Intervenor B” and “Defendant Intervenor C,” and when they are collectively named, the Intervenor.

On May 1, 2015, the Intervenor entered into a fixed-term employment contract with the Plaintiff from May 1, 2015 to April 30, 2016. On May 12, 2015, the Intervenor C entered into a fixed-term employment contract with the Plaintiff from May 1, 2015 to May 11, 2016.

C. A trade union is a nationwide-level industrial trade union established on July 1, 201 for workers engaged in the transportation industry, and is established under the control of February 26, 2013 for workers belonging to the Plaintiff (hereinafter “instant trade union”). A branch of a trade union for workers belonging to the Plaintiff (hereinafter “instant trade union”). A branch of the instant trade union is working for approximately 40 members.

The Intervenor B joined the instant trade union on October 11, 2015, while the Intervenor C joined the instant trade union on October 12, 2015.

On April 6, 2016, the Plaintiff notified the Intervenor B of the termination of the labor contract as of April 30, 2016, and notified the Intervenor C of the termination of the labor contract as of May 4, 2016.

E. On April 22, 2016, the Plaintiff held the Review Committee on Recontract B with the Intervenor, and the Review Committee on Recontract C with the Intervenor on April 25, 2016. The Plaintiff’s Recontract Review Committee presented an opinion that the recontracts for the Intervenor are inappropriate according to the following review results:

▣ 종합심의의견(참가인 B) 건강문제에 대하여 대상자는 만 62세로...