부당전보구제재심판정취소
On June 23, 2016, the National Labor Relations Commission (National Labor Relations Commission) rendered unfair suspension from office and unfair relief from transfer.
1. Details of the decision on retrial;
A. On May 1, 2011, the Intervenor joining the Plaintiff and served in the production team, and transferred the product to the quality control team on April 1, 2013.
B. On September 14, 2015, the Plaintiff notified the Intervenor that the Intervenor would be present at the personnel committee scheduled to be held on September 17, 2015 on the ground that “the Intervenor had disturbed his/her official discipline and resisted his/her official order.”
On September 17, 2015, the intervenor appeared and explained in the personnel committee held by the Plaintiff.
C. On September 17, 2015, the Plaintiff Personnel Committee decided to take a one-month disciplinary measure against the Intervenor on the ground that “the Intervenor refused the direction of the head of the quality control team and the head of the factory and sent e-mail containing false facts, such as criticism, etc., to the Plaintiff president. The Plaintiff’s employee filed a complaint against the crime of defamation, but the prosecutor filed a disposition of non-prosecution regarding the case of defamation, but the prosecutor subsequently recorded the conversation with other employees.” The Plaintiff’s disciplinary measure against the Intervenor during suspension from office (hereinafter “instant disciplinary measure”). On October 16, 2015, the Intervenor notified the Intervenor on the ground that the disciplinary measure constitutes Article 51(3) and Article 52(3) of the Rules of Employment.
On December 14, 2015, the Plaintiff issued a transfer order from the quality control team to the system management team (hereinafter “instant transfer”) to the Intervenor on January 1, 2016.
G. On January 5, 2016, the Intervenor filed an application for remedy with the Busan Regional Labor Relations Commission, asserting that the instant disciplinary action and transfer was unfair.
On March 3, 2016, Busan Regional Labor Relations Commission rendered a ruling dismissing the application for remedy with the purport that the instant disciplinary action and transfer is justifiable.
H. On April 4, 2016, the Intervenor appealed to the Central Labor Relations Commission and filed an application for review seeking revocation of the determination of the said Busan Regional Labor Relations Commission.
The National Labor Relations Commission was a party to the instant disciplinary action on June 23, 2016, but the instant disciplinary action is unfair, and thus, it is judged by the said Busan Regional Labor Relations Commission.