부당해고구제재심판정취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the decision on retrial;
A. The Intervenor is a company established on March 7, 2007 and engaged in the management business of multi-family housing with its head office set forth in 318 and 319, the 1171 Hyundai Friman-ro, Yongsan-gu, Seoyang-si.
On October 21, 2013, the Plaintiff entered Korea-UFC Co., Ltd. (hereinafter “Korea-UFC”) that was in charge of management services of Btel located in Busan-FF Daegu (hereinafter “Btel”) and worked as the Director of the Management Office in Btel from around that time.
B. On December 2013, Korea-U.S.C. concluded a contract with the Intervenor on the management of the building relating to Btels on December 2013, 2013, where Korea-U.S.C. had only Btel management services.
In the process, the intervenor decided to succeed to the employment of workers who worked in Btel at the time.
Accordingly, the Intervenor’s Intervenor’s “labor contract” with the Plaintiff during the period of “from December 1, 2013 to November 30, 2014,” refers to the “labor contract of this case” between the Plaintiff and the Intervenor in December 2013.
AB concluded the agreement.
The Plaintiff continued to work in Btel in accordance with the labor contract of this case as the Director of Management Office.
C. The Intervenor dismissed the Plaintiff on January 16, 2014.
On March 27, 2014, the Plaintiff filed an application for remedy for unfair dismissal with the Busan Regional Labor Relations Commission.
On May 23, 2014, the Busan Regional Labor Relations Commission recognized that dismissal made by an intervenor was unfair, and issued a remedy order to the intervenor, such as reinstatement of the plaintiff.
On June 23, 2014, the Intervenor filed an application for reexamination with the National Labor Relations Commission regarding the above determination, but the National Labor Relations Commission rendered a decision dismissing the Intervenor’s above application for reexamination on September 16, 2014.
The Intervenor is the Plaintiff on July 21, 2014, where the procedure for remedy for unfair dismissal was in progress.