부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the decision on retrial;
A. The Intervenor is a corporation established on February 20, 1979, which runs the taxi transport business with approximately 110 regular workers, and the Plaintiff was employed on December 1, 2013 and served as the Intervenor’s taxi engineer.
B. The Plaintiff asserted that the Intervenor was unfairly dismissed on December 16, 2015, and filed an application for remedy with the Seoul Regional Labor Relations Commission on January 14, 2016. The Seoul Regional Labor Relations Commission dismissed the application on March 11, 2016 on the ground that the Intervenor was not deemed to have dismissed the Plaintiff.
C. On April 20, 2016, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission. However, the National Labor Relations Commission dismissed the application on the same ground as on June 30, 2016.
(hereinafter referred to as “instant decision on reexamination”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence No. 1, Eul evidence Nos. 2 and 3, and the purport of the whole pleadings
2. Whether the decision on the retrial of this case is lawful
A. On December 16, 2015, the Plaintiff’s assertion A), at the office of the Intervenor, requested the Intervenor’s regular director C to prepare and submit a explanatory note on the Intervenor’s civil petition related to the collection of unfair charges. However, C did not notify the Plaintiff of the telephone number of the civil petition manager in Seoul Special Metropolitan City requested by the Plaintiff. The Plaintiff assaulted the Plaintiff, including the Plaintiff’s flapsing, and the Plaintiff resisted the Plaintiff, and the Plaintiff’s director D conspiredd the Plaintiff at the resistance of the Plaintiff. Since then, C’s defect in the Plaintiff’s retirement was cut off from the taxi ki, and the Plaintiff notified the Plaintiff “the Party flazk from the day on which the Plaintiff must stop working” (hereinafter “instant notification”).
The dismissal procedure is the Labor Standards Act, such as the notice of dismissal and the written notice of the time of dismissal, because this expressed the intent not to maintain the employment contract with the Plaintiff any longer.