부당해고구제재심판정취소
1. On November 7, 2014, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Defendant joining the Defendant.
The plaintiff as the party to the decision of this case was established on July 1, 2001 and employs 180 full-time workers and engages in the sales business of household goods, etc., and the intervenor was employed by the plaintiff on December 23, 1991 (the plaintiff is succeeded to the employment of the plaintiff at the time of the establishment of the new decision).
The Plaintiff taken disciplinary action against the Intervenor on April 18, 2014 following the resolution of the disciplinary committee, which took disciplinary action against the Intervenor as of May 17, 2014, based on the following grounds for disciplinary action.
(hereinafter “instant disciplinary action”). 【Grounds for Disciplinary Action】
1. The case where the Plaintiff entered into a contract that recognizes unpaid delay amount (hereinafter “Disciplinary Reason 1”) refers to the policy that the Plaintiff Company does not accept the unpaid delay amount required by the transaction partner as the contract terms and conditions. Moreover, the important changes in the contract should be conducted with the approval from the head of the sales headquarters or the legal office of the company. However, on March 1, 2013, the Plaintiff entered into a direct trade purchase contract in 2013 with the content that recognizes the unpaid delay amount, which is the transaction partner, on March 1, 2013, and thereby, the Plaintiff Company paid 17,200,000 won of the unpaid land pension which may not be paid by the Plaintiff Company, and thereby, the Plaintiff would incur property damage equivalent to the same amount.
2. The intervenor in the case pertaining to the settlement of unpaid pension accounts (hereinafter “Disciplinary Reason 2”) settled the unpaid delayed payment in the deposit sheet, “KBD”, “logistics expense”, and “SLG” as the items of the sales promotion subsidy (KBD) and the distribution promotion subsidy (SLG). This is the first inquiry tribunal of the Seoul Regional Labor Relations Commission that the plaintiff violated the Plaintiff Company’s exercise subsidy, the guidelines for distribution promotion subsidy, and the duty of the members to maintain accurate books and records as stated in the Plaintiff Company’s business management policy.