부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
From May 20, 2015, the Plaintiff served as the head of the facility for the care of the elderly (hereinafter “instant medical care center”) who is a sanatorium for older persons in Daejeon-gu, Daejeon-gu.
On December 8, 2015, the Plaintiff asserted that D’s representative D of the instant medical care center filed an application for remedy with the Chungcheongnamnam Regional Labor Relations Commission on January 8, 2016, by asserting that the dismissal against the Plaintiff (hereinafter “instant dismissal”) constituted unfair dismissal, and rejected the application for remedy on March 4, 2016, on the ground that the Plaintiff cannot be deemed an employee under the Labor Standards Act.
(J) On April 12, 2016, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on July 5, 2016.
(C) The Plaintiff, as the Plaintiff’s representative of the instant medical care center, entered into a labor contract with the president D, and the Plaintiff, as the representative of the instant medical care center, on the following grounds: (a) the Plaintiff, as the representative of the instant medical care center, entered into a labor contract with the Plaintiff; and (b) the Plaintiff, upon receiving a business instruction from the Plaintiff, performed duties as the head of the facility exercising overall control over the instant medical care center; and (c) said, D, E, the Plaintiff is an employer, and the Plaintiff is an employee.
F, a joint representative D and E’s executive director of the medical care center of this case, unilaterally assaults that the Plaintiff did not sign on a resignation written in advance, and dismissed the Plaintiff, the dismissal of this case is unfair.
Nevertheless, the decision of the retrial of this case, which dismissed the plaintiff's application for reexamination on the ground that the plaintiff is not a worker,
As shown in the attached Form of the relevant statutes and regulations.
Facts of recognition
On May 20, 2015, the medical care center of this case is the founder D and E, and the head of the facility as the plaintiff has reported the establishment of welfare facilities for the aged to the Jung-gu Seoul Metropolitan City Office, Jung-gu, and the same day.