[부당해고규제재심판정취소][공1992.5.15.(920),1449]
Whether an advance notice of dismissal under Article 27-2 of the Labor Standards Act is effective only when there is a justifiable reason for the dismissal (affirmative)
The pre-determination of dismissal under the provisions of Article 27-2 of the Labor Standards Act is applied only when the dismissal is intended due to justifiable grounds under the provisions of Article 27 of the same Act.
Articles 27 and 27-2 of the Labor Standards Act
Supreme Court Decision 71Da1400 decided Aug. 31, 1971 (No. 192Du284) decided Oct. 24, 1989 (Gong1989, 1763) 89Do1882 decided Oct. 10, 1990 (Gong190, 2329)
Attorney Lee Sang-soo, Counsel for the defendant-appellant of the Livestock Industry Cooperatives Federation
The Chairman of the National Labor Relations Commission
Defendant 1 and one other
Seoul High Court Decision 90Gu10065 delivered on May 31, 1991
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
On the first ground for appeal
Examining the reasoning of the judgment below in light of the records, the court below is justified in finding facts as stated in the judgment, and there is no violation of law by finding facts without any evidence or by the rules of evidence, and the whole purport of evidence and pleading cited by the court below cannot be said to be insufficient to find facts as stated in the judgment. Therefore, there is no reason to issue this issue.
On the second ground for appeal
According to the reasoning of the judgment below, the court below determined that the facts that the plaintiff dismissed the intervenor joining the defendant (hereinafter referred to as the intervenor) do not constitute grounds for dismissal stipulated in the plaintiff's personnel management regulations, and in addition, there were procedural errors in the procedure without prior notice given to the intervenor at least 30 days prior to the above personnel management regulations. Thus, the court below held that the plaintiff's dismissal against the intervenor was unfair.
An advance notice of dismissal under Article 27-2 of the Labor Standards Act applies only to the time of dismissal due to justifiable grounds under Article 27 of the same Act (see Supreme Court Decision 71Da1400, Aug. 31, 1971). If, as recognized by the court below, the plaintiff in this case is unreasonable to dismiss the intervenor, it is a dismissal under Article 27 of the Labor Standards Act without any justifiable reason as limited by Article 27 of the Labor Standards Act. Thus, even if the plaintiff paid advance notice of dismissal to the intervenor, such as the theory of lawsuit, even if the plaintiff paid the intervenor advance notice of dismissal, the plaintiff's dismissal does not take effect with the validity of the dismissal. Thus, there is no misunderstanding of legal principles like the theory of lawsuit.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Jae-chul (Presiding Justice)