부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of litigation shall include all parts resulting from the third party participation.
1. The circumstances leading to the decision on reexamination of this case
A. The Plaintiff Company is a corporation engaged in multi-family housing management business, etc., and is an entrusted management company of Ctel located in Gyeyang-gu in Yangyang-si (hereinafter “instant officetel”).
An intervenor is a person who entered the Plaintiff Company on January 1, 2017 and served as the front leader of the instant officetel.
B. On November 27, 2017, the Plaintiff Company notified the intervenors that “on December 31, 2017, as the contract term expires, it would be prepared for the termination of the employment contract by conducting job-seeking activities prior to the expiration of the contract term” (hereinafter “instant notice of the termination of the employment contract”).
(A) No. 2. (c)
On March 20, 2018, the Intervenor filed an application for remedy with the Gyeonggi Regional Labor Relations Commission on the ground that the notice of termination of the instant labor contract constitutes unfair dismissal, but was dismissed on May 15, 2018 on the ground that “the Intervenor does not have the right to renew to the Intervenor.”
(A) No. 1, d.
Accordingly, on June 22, 2018, the Intervenor filed an application for reexamination with the National Labor Relations Commission (central 2018da705), and on September 10, 2018, the National Labor Relations Commission accepted the application for reexamination on the ground that “the Intervenor has the right to renew the labor contract, and the grounds and procedures for refusing the renewal of the labor contract with respect to the Intervenor are not objective and reasonable.”
hereinafter referred to as "the decision of review of this case"
)(Evidence A 2). [Evidence A 1, 2, Eul 2, each entry in Evidence A 2, and the purport of the whole pleadings, based on recognition
2. Whether the decision on the retrial of this case is lawful
A. The summary of the Plaintiff Company’s assertion is not recognized to have the right to renew, and there are reasonable grounds for rejection of renewal even if the right to renew has been recognized.
(b) Article 5 (Organization of Entrusted Management Organization) (2) The entrusted management organization shall have the following human resources:
2. Technical personnel: two persons. (4) If an employee becomes vacant, the plaintiff company shall fill the vacancy without delay.
1. On December 31, 2016, between Plaintiff Company and the instant officetel management body, and from January 1, 2017 to December 31, 2018.