beta
(영문) 서울행정법원 2018.11.15 2018구합784

부당해고구제재심판정취소

Text

1. The Central Labor Relations Commission’s dismissal on December 20, 2017 between the Plaintiff and the Intervenor joining the Defendant is unfair.

Reasons

1. Circumstances and details of the decision on reexamination;

A. The Plaintiff is a corporation that is established on April 6, 201 and employs approximately 20 full-time workers in Songpa-gu Seoul Metropolitan Government, thereby engaging in the business of manufacturing and distributing fire uniforms, special uniforms.

Defendant Intervenor (hereinafter “ Intervenor”) joined the Plaintiff on March 13, 2017 and served as an agent for the overseas business division, and was in charge of overseas export-import-related affairs, warehouse management, etc.

B. On July 7, 2017, the Plaintiff’s head of the overseas business division D told the Intervenor to resign from office one week, and notified the Intervenor again on July 14, 2017.

(hereinafter “instant dismissal”) C.

On July 31, 2017, the intervenor asserted that the dismissal of the instant case was unfair, and applied for remedy for unfair dismissal to the Seoul Regional Labor Relations Commission.

On August 9, 2017, D sent a text message to the intervenors, “I will attend the office by August 11, 2017, after having no telephone connection. I will attend the office.”

On the same day, the Plaintiff sent to the intervenors a certificate of the content of the attendance order, and the Intervenor received it on August 11, 2017.

No. : Transmission of content certificate concerning the order to work ( August 9, 2017)

1. He/she wishes to start the following time: He/she shall do so at his/her home:

2. Although it was judged that the employment relationship was terminated initially and smoothly, us is the Seoul Regional Labor Relations Commission, claiming that the dismissal is unfair, and us is ordered to work immediately in accordance with the appellate court raising an application for remedy.

3. He/she shall order the time of attendance to 8:50 on August 11, 2017.

4. Accordingly, every effort shall be ordered to work immediately and every effort shall be made to perform the duties assigned to it.

5.I shall audit. D.

On August 10, 2017, the intervenor changed the purport of the application for monetary compensation order to the Seoul Regional Labor Relations Commission in lieu of the original position.