beta
(영문) 대전지방법원 2017.11.15 2017구합1058

부당해고구제재심판정취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On June 22, 2016, the Plaintiff entered the original salary class Co., Ltd. (hereinafter referred to as the “instant user”) and worked as U.S. dollars at the pre-mast public port where the instant user was entrusted to perform cleaning work.

On October 21, 2016, the Plaintiff asserted that the instant employer was unfair in dismissal of the Plaintiff, and filed an application for unfair dismissal with the Jeonnam Regional Labor Relations Commission on January 18, 2017. The Jeonnam Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on March 14, 2017.

(B) On April 19, 2017, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on June 23, 2017.

(C) The court below's decision on retrial (hereinafter "the judgment on retrial of this case") . (hereinafter "the plaintiff's appeal of this case") . The plaintiff's appeal of this case was filed by the plaintiff 15 days from the date when the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff'

It shall be as shown in the attached Form of the relevant statutes.

Judgment

According to Article 31(2) of the Labor Standards Act and Article 27(1) of the Labor Relations Commission Act, an employer or worker may file a lawsuit in accordance with the Administrative Litigation Act within 15 days from the date of receipt of a written decision on reexamination by the Central Labor Relations Commission.

In addition, Article 2 (1) 1 of the Certified Public Labor Attorney Act provides that one of the duties performed by the certified public labor affairs consultant is a report, application, report, statement, claim (including objection, request for examination and adjudgment) and remedy for infringement of rights against the administrative agency in accordance with the labor-related law.