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(영문) 춘천지방법원원주지원 2017.06.22 2016가합5739

해고무효확인

Text

1. We affirm that the dismissal of the Defendant against the Plaintiffs on November 28, 2011 is null and void.

2. The defendant,

A. The plaintiff A.

Reasons

Basic Facts

The defendant is a company that manufactures and sells electricity, electronic parts, and materials, and the plaintiffs are workers working in the defendant.

Around November, 2011, the Defendant announced the Defendant to implement the voluntary retirement of the Plaintiffs, and the Plaintiffs submitted to the Defendant a letter containing the content that they do not raise any civil or criminal objection against the Defendant, including the written application for the voluntary retirement, resignation, and the Defendant.

On November 29, 2011, the Defendant selected the Plaintiffs as persons eligible for voluntary retirement, and notified the Plaintiffs that he/she accepted the written resignation as of November 28, 201.

(hereinafter “instant voluntary retirement”). On February 22, 2012, the Plaintiffs filed an application for remedy with the Gangwon Regional Labor Relations Commission by asserting that the instant voluntary retirement constituted unfair dismissal, but the Gangwon Regional Labor Relations Commission dismissed it on May 10, 2012.

The Plaintiffs were dissatisfied with this, and filed an application for reexamination with the National Labor Relations Commission on May 30, 2012. On November 12, 2012, the National Labor Relations Commission accepted the Plaintiffs’ application for reexamination on the ground that “The Plaintiff’s declaration of intention to resign to the Defendant constitutes an unfair declaration of intention, and the Defendant also accepted the written resignation submitted by the Plaintiffs with knowledge of such circumstances. Therefore, the instant voluntary retirement was in the form of voluntary dismissal from office in fact, and constitutes an unfair dismissal.”

(2) The Defendant filed an administrative lawsuit seeking the revocation of the instant decision on reexamination by the Seoul Administrative Court 2012Guhap43864 (hereinafter “instant decision on reexamination”). However, the Seoul Administrative Court’s declaration of resignation by submitting a written application for voluntary retirement and a written resignation on February 13, 2014 is null and void as a bad declaration of intention. The Defendant’s acceptance of the written application for voluntary retirement and resignation of the Plaintiffs and the Defendant’s termination of labor contract relations with the Plaintiffs.