해고무효확인및임금
1. Part of the Plaintiff’s claim for confirmation of invalidity of dismissal among the lawsuits against Defendant B, and the Plaintiff’s defendant C School.
1. The fact that the Plaintiff, around October 17, 201, entered into an employment contract with the Defendant Company engaging in educational services, development, training, etc. as a contractual employee from October 17, 201 to October 16, 2012, and that the Defendant Company was changed to a “C school” on or around July 26, 2012) while working as the head of the urban agriculture division in the E-school established and operated by the Defendant Company (hereinafter “C school”) and submitted a resignation letter (hereinafter “the resignation letter of this case”) to the Defendant Company on or around December 31, 2011, may be recognized by the lack of dispute between the parties, or by taking into account the overall purport of arguments as set forth in the evidence Nos. 1, 4, 5, 6 through 12.
2. The Defendants asserted that the Plaintiff was dismissed on or around February 10, 2012 from the Defendant Company, and filed an application for remedy against unfair dismissal under the Seoul Regional Labor Relations Commission Section 2012da983. On July 2, 2012, the said Regional Labor Relations Commission rendered a decision dismissing the Plaintiff’s application for remedy. The Plaintiff appealed and filed an application for retrial under the Ministry of Labor Section 2012 and 886 of the National Labor Relations Commission, but the National Labor Relations Commission rendered a decision dismissing the Plaintiff’s application for retrial on October 25, 2012. The Plaintiff did not file a lawsuit with the administrative court to dismiss the Plaintiff’s application for retrial at the expiration of 15 days from the date on which the Plaintiff was served with the said decision on review, and the Plaintiff asserted that the revocation of the decision on review was withdrawn on March 22, 2013, and thus, the said lawsuit became unlawful.
However, even if a decision to dismiss an employee's request for remedy in the remedy procedure of the Labor Relations Commission becomes final and conclusive by filing a request for remedy against it with the Labor Relations Commission, the employee is required to obtain the guarantee of judicial status and the remedy of rights against the unfavorable disposition, such as dismissal of the employer.