부당해고 및 부당노동행위구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the decision on retrial;
A. The Plaintiff (the former title was changed to the current name on June 19, 2009 as a social welfare foundation K) is a corporation established pursuant to Article 16(1) of the Social Welfare Services Act for the purpose of establishing and operating a sanatorium for disabled persons, and has its principal office in Seongbuk-gu Seoul.
On March 11, 2008, the Plaintiff established the “N” which is a sanatorium for persons with severe disabilities in the Gyeong-gun M of the Gyeonggi-do 2008, and had the O, who is the representative body of the Plaintiff, as the Plaintiff’s director, manage and operate the said facility, after completing the procedure for filing a report with the head of Si/Gun on March 11, 2008.
B. The Central and Medium-Large Trade Union has its principal office in Chuncheon-si and has the P Branch, a trade union established on November 12, 2001, which consists of N workers, under its jurisdiction.
C. On June 8, 2015, the Mayor of Seoul Special Metropolitan City, who is a supervisory authority over the Plaintiff, ordered the Plaintiff to dismiss the Plaintiff pursuant to Article 22 of the Social Welfare Services Act, on the grounds that the Plaintiff’s director, committed an illegal accounting practice.
According to Article 35(2)2 of the Social Welfare Services Act, a person dismissed from office by an order of a supervisory agency pursuant to Article 22 of the same Act shall lose the qualification of the head of the facility for five years.
On November 26, 2015, the head of Pyeongtaek-si, the supervisory authority over N, pointed out that O lost its capacity as the head of the N, and demanded the Plaintiff to newly appoint the N's head of the N's facility.
E. On June 13, 2016, the Plaintiff ordered theO to suspend the duties of the head of the facility, and appointed Q Q as a N employee by acting for the head of the facility.
However, as the N founder, the N still argued that the head of the actual facility is himself/herself and was involved in all decisions related to the N operation.
F. On June 17, 2016, Q violated the rules of employment, such as the act of damaging N’s honor and credit, which is an employee of Q, C, D, E, F, G, and H, on the grounds that Q violated the rules of employment.