부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Circumstances and details of the decision on reexamination;
A. B Co., Ltd. (hereinafter “the instant fish teaching institute”) is a corporation that was established on November 22, 2001 and runs a foreign language education business using approximately 11 full-time workers.
On March 2, 2018, the Plaintiff is a person who was enrolled in the Korea Language Institute and has served as an English language instructor.
B. On May 25, 2018, the Plaintiff did not work at the instant fish driving school any longer.
C. On June 7, 2018, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission on the ground that “the dismissal of the Plaintiff of the instant fish farming institute on May 25, 2018 is unjust.”
On August 6, 2018, Seoul Regional Labor Relations Commission dismissed the above application for remedy on the ground that “the labor relationship is terminated due to the termination of the agreement between the Plaintiff and the instant fish driving school, and there is no dismissal.”
On September 3, 2018, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission.
On November 30, 2018, the National Labor Relations Commission dismissed the plaintiff's application for reexamination on the same ground as the first inquiry tribunal.
(hereinafter referred to as “instant decision on reexamination”). 【No dispute exists, entry of evidence A Nos. 1 and 2, and the purport of the entire pleadings
2. Whether the decision on the retrial of this case is lawful
A. On May 3, 2018, the Plaintiff’s assertion 1) the recommendation of resignation made by the instant fish driving school to the Plaintiff on May 3, 2018 is an offer to terminate the agreement on labor relations. In this regard, the Plaintiff made a new offer to the instant fish driving school by accepting a condition that the Plaintiff would pay approximately KRW 1,30,000,000, which is the amount corresponding to the purchase cost of airline tickets. However, given that the instant fish driving school did not notify the Plaintiff of the Plaintiff’s new subscription within a reasonable period, the Plaintiff’s new offer was invalidated. Ultimately, it cannot be deemed that there was a mutual consent between the Plaintiff and the instant fish driving school on the grounds for dismissal and the time of dismissal under the Labor Standards Act.