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.
Details of the Review Decision
A. The Intervenor joining the Defendant is a corporation that was established on April 30, 1980 and employs 120 full-time workers and operates passenger transport services for buses.
On February 25, 2011, the Plaintiff joined the Intervenor and served as an urban bus driver.
B. The Plaintiff asserted that it was unfair from the Intervenor as of June 30, 2013, and filed an application for remedy with the former North Regional Labor Relations Commission on September 17, 2013. However, on November 7, 2013, the former North Regional Labor Relations Commission dismissed the Plaintiff’s declaration of intention to resign on the ground that “The Plaintiff’s declaration of intention to resign cannot be deemed as coercion and deception, and the Plaintiff’s declaration of intention to resign cannot be withdrawn without the Intervenor’s consent, unless the parties agreed on the termination of the employment relationship. Employment contract between the Plaintiff and the Intervenor is terminated by acceptance of the resignation, and cannot be deemed as dismissal.”
(hereinafter referred to as “the first inquiry court of this case”).
On December 12, 2013, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission, and the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on February 17, 2014 due to the Central 2013rd Sea 1132 ruling.
(2) The first inquiry court of this case, which dismissed the plaintiff's request for remedy on the ground that the plaintiff's request for remedy is not unfair, is unlawful for the following reasons. Thus, the first inquiry court of this case, which held otherwise justifiable in the first inquiry court, is unlawful.
On June 18, 2013, the plaintiff submitted a letter of resignation by coercion and deception, which caused a civil petition on the part of the city bus operation even without any justifiable reason.
For this reason, on June 19, 2013, the Plaintiff submitted a statement of reasons to the following viewing to the company and returned to the company, and the Intervenor’s.