부당해고 및 부당노동행위구제 재심판정 취소
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.
The plaintiff as a party to the decision of this case was established on December 9, 1980 and employs 80 full-time workers, and is engaged in publishing and selling newspapers. The intervenor was employed as a news reporter on July 1, 1994 and worked as the head of the department in charge of the National Assembly of the editing bureau.
The instant disciplinary action against the Intervenor was dismissed on October 30, 2014 following the resolution of the disciplinary committee on October 30, 2014 by the Intervenor.
(hereinafter “instant dismissal disposition” and the grounds for disciplinary action are “the instant grounds for disciplinary action”
1. Absence without permission for a total of 49 days from April 24, 2014 to July 24, 2014;
2. Outing without permission, withdrawing, and early retirement 15 times in total during the period from April 29, 2014 to May 28, 2014;
3. He/she does not transmit only one news articles without engaging in affairs from May 21, 2014 to the date on which the Disciplinary Committee is held, even though he/she does not transmit one news article;
4. On June 23, 2014, by the Disciplinary Committee held on June 23, 2014, the first inquiry tribunal of the C Regional Labor Relations Commission, which interferes with the legitimate business of the company by taking a bath or disturbing actions against the commercial and disciplinary committee members, filed an application for remedy with C Regional Labor Relations Commission on November 26, 2014, asserting that the instant dismissal disposition was unfair and unfair labor practices. On January 23, 2015, C Regional Labor Relations Commission accepted the part of the Intervenor’s application for remedy and dismissed the portion of unfair labor practices.
On March 2015, the Plaintiff and the Intervenor appealed against the judgment of review of the National Labor Relations Commission and applied for review to the National Labor Relations Commission on or around March 2015. However, the National Labor Relations Commission violated Article 23(2) of the Labor Standards Act that limits dismissal during the period of suspension, while there is a serious procedural defect in violation of the mediation plan of the C Regional Labor Relations Commission concerning the composition of the disciplinary committee.