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.
On August 12, 1993, the Plaintiff entered into an employment relationship with the Intervenor, and served as the Director for Comprehensive Inspection of the Intervenor Medical Center on December 1, 2013.
An intervenor is a corporation that employs 400 regular workers and operates health care business.
On August 27, 2014, the Intervenor dismissed the Plaintiff (hereinafter “instant dismissal”) by taking into account the facts that the Plaintiff continued sexual harassment against the Intervenor C (hereinafter “victim”).
On October 1, 2014, the Plaintiff asserted that the dismissal of the instant case was unreasonable, and filed an application for remedy with the former North Regional Labor Relations Commission, but the former North Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on November 26, 2014.
On February 13, 2015, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination.
(1) The Plaintiff’s procedural illegality of the Plaintiff’s assertion as to the legitimacy of the review of this case’s decision as to dismissal notice is an abstract entry of the grounds for dismissal notice in the notice of dismissal, without specifically stating the grounds for dismissal. In the notice of attendance of the personnel committee prior to the disciplinary action, the grounds for disciplinary action was stated as “a continuous sexual harassment and kiss against a particular female employee,” and the written notice of attendance of the personnel committee was also stated as “a continuous act of sexual harassment and kising against a particular female employee.”
In light of the purport of requesting written notification of the grounds for dismissal under Article 27(1) of the Labor Standards Act, it should be stated in the written notification of dismissal of the Plaintiff when and how the Plaintiff sexual harassmented against the victim. However, the dismissal of the instant case was unlawful since it did not go through such procedure.
A substantive illegal intervenor has continuously committed sexual harassment against the victim.