부당해고구제재심판정취소
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Following the conclusion of the judgment subject to a retrial is either a dispute between the parties or a record.
On March 198, 201, the Plaintiff (hereinafter referred to as the “Plaintiff”) submitted a resignation notice to the Intervenor on March 19, 2012 while serving as a full-time operator at the Csports Center under the Defendant’s Intervenor (hereinafter referred to as the “ Intervenor”) who is a social welfare foundation that runs the business of installing and operating rehabilitation facilities for the disabled and the business of providing special education services.
B. The Plaintiff asserted that the Intervenor was unfairly dismissed, and filed an application for remedy with the Gyeonggi Regional Labor Relations Commission on April 24, 2012. However, the Gyeonggi Regional Labor Relations Commission dismissed the application for remedy on June 20, 2012, and the Plaintiff appealed and filed an application for review with the National Labor Relations Commission on July 18, 2012, but the National Labor Relations Commission dismissed the said application for retrial on the ground that “the Plaintiff cannot be deemed to have submitted the resignation certificate by the Intervenor’s coercion or coercion.” As the Plaintiff’s written resignation was accepted by the Intervenor, the Plaintiff’s employment contract between the Plaintiff and the Intervenor cannot be deemed to have been dismissed as the Intervenor terminated by an agreement.”
(hereinafter referred to as the “instant decision on reexamination”). C.
On December 14, 2012, the Plaintiff filed a lawsuit against the Defendant (the Defendant for reexamination; hereinafter “Defendant”) seeking the revocation of the instant decision on reexamination. On November 21, 2013, the Seoul Administrative Court (2012Guhap42496), which was the first instance court, rendered a judgment dismissing the Plaintiff’s claim on the ground that the evidence presented by the Plaintiff alone was insufficient to deem that the Plaintiff submitted the written resignation of this case by the Intervenor’s coercion or coercion on the ground that “It was insufficient to deem that the Intervenor caused bullying, bullying, intimidation, class demotion, etc. to the Plaintiff, and there is no other evidence to acknowledge it.”