이행강제금부과결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a juristic person that establishes and operates a mutually advantageous high school that provides secondary education by making use of 65 full-time workers, and A is employed by the Plaintiff on June 1, 2012, and serves as B of the mutually advantageous high school.
9. A person who has served from January 1 to C of the Plaintiff Corporation.
B. On December 1, 2012, A asserted that he/she was unfairly dismissed from the Plaintiff, and filed an application for unfair dismissal with the Defendant on December 3, 2012.
Accordingly, on December 4, 2012, the Plaintiff sent a written withdrawal notice of dismissal intention to A, stating the withdrawal of the intention of dismissal.
C. On December 5, 2012, A asserted that “A was notified of dismissal on December 6, 2012” on December 14, 2012, and filed an application for remedy against unfair dismissal again to the Defendant.
On January 14, 2013, the Defendant recognized that the dismissal of the Plaintiff against A on December 6, 2012 is unfair, and the Plaintiff returned to A within 30 days from the date of receipt of the written adjudication, and paid the amount equivalent to the wages that the Plaintiff could have received if the Plaintiff had worked during the period of dismissal. D. The instant order of remedy was issued.
On January 30, 2013, the Plaintiff dissatisfied with the instant order for remedy and filed an application for reexamination with the National Labor Relations Commission. On April 19, 2013, the National Labor Relations Commission rendered the instant decision to dismiss the Plaintiff’s said application.
On the other hand, the Plaintiff did not comply with the execution date stipulated in the instant remedy order ( February 22, 2013), and the Defendant imposed and notified the Plaintiff the enforcement fine as stated in the following table.
The 1st amount of charges imposed on April 15, 2013 on the date the imposition of charges for compelling performance is determined and notified shall be KRW 5 million on April 26, 2013, and KRW 18,000,000 on October 8, 2013, KRW 2,000,000 on October 18, 2013, KRW 3,000,000 on April 14, 2014, KRW 4,000,000 on April 14, 2014, KRW 4,000 on April 13, 2014 (based on recognition), the number of subparagraphs 1 through 7, 2, 4, and 9 shall be each number.