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. The circumstances leading to the decision on reexamination of this case
A. The Intervenor B (hereinafter “ Intervenor”) as an attorney-at-law operates the “E” at the office located in D and 5 stories in Seongbuk-gu, Sungnam-si (hereinafter “instant office”), and C operates “F” at the instant office as a certified judicial scrivener.
From November 1, 2013, the Plaintiff asserts that the Plaintiff was unfairly dismissed while providing labor by being employed by the Intervenor and C.
B. On February 12, 2014, the Plaintiff was dismissed without justifiable cause from the Intervenor and C, and on February 13, 2014, filed an application for remedy with the Gyeonggi Regional Labor Relations Commission.
On April 21, 2014, the Gyeonggi Regional Labor Relations Commission dismissed the Plaintiff’s request for remedy on the ground that the Plaintiff’s employer is the Intervenor, the Intervenor and C’s workplace are one business or workplace. The number of regular workers at the Intervenor’s workplace is three, and Article 28 of the Labor Standards Act on the application for remedy against unfair dismissal, etc. is not applicable.
Gyeonggi-do 2014, 223, hereinafter referred to as "First Inquiry Tribunal").
On May 2, 2014, the Plaintiff appealed to the National Labor Relations Commission.
On July 2, 2014, the National Labor Relations Commission rendered the instant decision dismissing the Plaintiff’s application for reexamination on the same grounds as the initial inquiry tribunal.
(Central 2014 Annexed 446). [Reasons for Recognition] A] Fact that there is no dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the decision on the retrial of this case is lawful
A. The plaintiff's assertion was adopted by reporting the employment announcement of C, and the intervenor and C are registered as the secretary of the intervenor, and the intervenor and C filed an application, deposit, and registration with the intervenor and C at the office of this case. The intervenor and C's legal office divide eight employees into the dispatch team and the registration team. However, in order to avoid the application of the Certified Judicial Scriveners Act and the Labor Standards Act, four employees into the intervenor and C.