[재심판정취소][집18(1)행,071]
Unless the Labor Relations Commission recognizes any cause attributable to a worker, dismissal shall not be null and void.
Unless the Labor Relations Commission recognizes any cause attributable to a worker, dismissal shall not be null and void.
Article 27-2 of the Labor Standards Act, Article 27(2) of the Labor Standards Act
Egran-gu
National Labor Relations Commission
Seoul High Court Decision 68Gu239 delivered on May 20, 1969
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal by the defendant litigant are examined.
Examining various evidence cited by the original judgment in light of the records, the lower court did not err in the process of evidence collection without acknowledging facts as stated in its reasoning.
The reason why the plaintiff dismissed the non-party from office is that the non-party was absent from office without a justifiable reason from office after the non-party retired from office on October 14, 1967 to the 30th of the same month. Such an act is determined to constitute a ground for dismissal according to the rules of employment at the time of exchange and the commitment that the non-party submitted in advance to the plaintiff. Thus, the above judgment in the original judgment cannot be said to be erroneous.
Furthermore, under the circumstances stated in its holding, it is difficult to view that the non-party's act of long-term absence was a legitimate act for the work of a trade union as argued in its reasoning, and the reason why the plaintiff dismissed the non-party is obviously clear that the non-party's act of absence was a legitimate act for the work of the trade union. As such, the judgment of the court below does not constitute an unfair labor act such as the theory of lawsuit, and there is no illegality in such judgment, and there is no error in the misapprehension of the legal principles under Article 39 of the Trade Union Act. Furthermore, according to Article 27-2 (2) of the Labor Standards Act, if the employer dismisses a worker due to a cause attributable to the worker, the employer must obtain the authorization of the Labor Relations Commission as to the cause attributable to the worker. However, even if the dismissal was in reality recognized as the existence of such cause, the dismissal cannot be deemed as null and void, and there is no error in the misapprehension of legal principles as to the non-party's act of dismissal as to the above non-party's cause attributable to the dismissal.
All arguments are without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
The presiding judge of the Supreme Court of Korea (Presiding Judge) shall be the red net shots and the white shots