부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. 1) The intervenor is a corporation established on December 17, 2001 for the purpose of establishing and operating welfare facilities for persons with disabilities, and B, which is a residential facility for persons with intellectual disabilities (hereinafter “instant facility”).
(2) On September 1, 2015, the Plaintiff is a person who has been employed by the Intervenor as an operator of the instant facility and has been engaged in driving duties.
B. The background of the instant case is as follows: (a) the instant facility has been reported to welfare facilities for persons with disabilities (facilities for persons with intellectual disabilities; (b) the number of persons admitted: 30 persons) and has been provided subsidies each quarter from Ansan-si, and has been operated every year. As to the support of personnel expenses for all employees of the facility below the president, the Ministry of Health and Welfare applies each year for each position determined by the Ministry of Health and Welfare; (c) the personnel expenses for drivers are subject to the standards for the support of personnel expenses for daily rehabilitation teachers. (d) the Intervenor published the recruitment plan for the recruitment period from July 27, 2015 to August 11, 2015 on the Internet job placement bulletin board, etc., “one office clerk, one cook, one driver (three full-time)” in the recruitment field, and a “regular employee recruitment plan” in the form of employment.
(3) The Plaintiff reported the instant recruitment notice to the Intervenor, and applied for membership in the Intervenor, and commenced work from September 1, 2015. (4) On November 2015, the Plaintiff prepared and signed an employment contract with the Intervenor during the period of the employment contract from September 1, 2015 to August 31, 2016.
(2) On November 10 and November 11, 2015, an on-site inspection of the instant facilities was conducted in accordance with the inspection plan for welfare facilities for the disabled in the second half of 2015.
The inspection is conducted according to the inspection plan for welfare facilities for disabled persons in the second half of 2015.