부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. From August 27, 2014 to November 8, 2014, the Plaintiff served as pipeline assistants at the Daegu Northern-gu New Construction Site, Kimcheon-si New Construction Site, and the Daegu North-gu New Construction Site.
B. On December 16, 2014, the Plaintiff filed an application for remedy against unfair dismissal with the Defendant joining the Defendant (hereinafter “ Intervenor”) as of November 9, 2014. However, on February 3, 2015, the Gyeongbuk Regional Labor Relations Commission rejected the said application for remedy on the ground that “G Co., Ltd. (hereinafter “G”) other than the Intervenor is the Plaintiff’s employer, the Intervenor is not a party.”
(Seoul High Court Decision 2014Du898).
On February 17, 2015, the Plaintiff dissatisfied with the above initial inquiry court, filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the said application for reexamination on April 14, 2015 on the same ground as the above initial inquiry court.
(C) Nos. 1, 2015, 146, hereinafter referred to as “instant decision by reexamination”). / [Grounds for recognition] each entry of evidence Nos. 1 and 2, and the purport of the entire pleadings
2. Whether the decision on the retrial of this case is lawful
A. As the representative of “C”, the Plaintiff’s assertion directly employed employees and directly paid wages at the work site that the Plaintiff worked on the part of “C”, and ordered them to work as a whole.
In addition, workers, including the plaintiff, referred to as the "C" as the restaurant or construction site, and also used the truck owned by the intervenor. Thus, the intervenor is the plaintiff's employer.
Nevertheless, G, not an intervenor, dismissed the Plaintiff’s request for review by deeming G as the Plaintiff’s employer, is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. Determination Then, Gap evidence 1, 2, 4-1, 2, 3, 5-1, 6-1, 6-1, 2, 7-1, 7-2, 8-1, 8-1, 1-1, 2, 3, 2-3, 5-1, 5-1, 5-1, 5-2, 5-1, 8-1, 1-1, 2, 3, 2-1, 2-3, 2-1, 5, 5-4, 5-1, 5