채무부존재확인
1. The term of a labor contract concluded on February 1, 2012 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff was entrusted with the establishment and operation of B Center (hereinafter “instant center”) from around 208 to Busan Metropolitan City (hereinafter “instant business”) as a corporation aimed at supporting small and medium enterprises and micro enterprises in Busan Metropolitan City.
B. On February 1, 2012, the Plaintiff entered into an employment contract with the Defendant to serve as the head of the instant center, the Plaintiff’s affiliated organization (hereinafter “instant employment contract”).
C. On January 18, 2013, the Plaintiff held a disciplinary committee and decided to dismiss the Defendant on the ground that the Defendant violated Article 6 (Duty of Fidelity) of the Plaintiff’s Service Regulations, Articles 4 (Duty of Fidelity) and 5 (Duty of Confidentiality) of the Contract Service Management Regulations, and notified the Defendant on January 18, 2013.
(hereinafter “instant dismissal”) D.
On April 1, 2013, the Defendant filed an application for remedy to the Busan Regional Labor Relations Commission as unfair, but the Busan Regional Labor Relations Commission dismissed the application for remedy on May 29, 2013.
Accordingly, the Defendant appealed and filed an application for reexamination with the National Labor Relations Commission on June 27, 2013, and the National Labor Relations Commission dismissed the above application for reexamination on September 16, 2013.
(hereinafter referred to as “instant decision on reexamination”). (e)
On October 7, 2013, the Defendant sought a settlement of the retirement allowance according to the Plaintiff’s service at the head of the instant center, and the Plaintiff paid KRW 8,669,590 as the retirement allowance.
F. On October 17, 2013, the Defendant filed a lawsuit against the Chairperson of the Central Labor Relations Commission (Seoul Administrative Court No. 2013Guhap25771) seeking the revocation of the instant decision on reexamination (hereinafter “relevant case”), and the Plaintiff participated in the relevant case on the part of the Chairperson of the Central Labor Relations Commission.
On July 10, 2014, the foregoing court held that the dismissal of the instant case was unlawful because it is deemed that the grounds for disciplinary action against the Defendant were recognized, but the disciplinary action is inappropriate.