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(영문) 서울고등법원 2016.08.26 2015누60381

부당해고구제재심판정취소

Text

1. Revocation of a judgment of the first instance;

2. The National Labor Relations Commission between the Plaintiff and the Intervenor on May 8, 2014.

Reasons

1. The reasons why the court should explain this part of the decision by reexamination are as stated in the corresponding part of the decision by the court of first instance (from 2, 7, 3, and 12 of the decision by the court of first instance) (Provided, That the "participating" of the judgment by the court of first instance is deemed to be the "participating" of the defendant joining the defendant (hereinafter "the intervenor joining the defendant")), and therefore, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the decision on the retrial of this case is lawful

A. The reasoning for the court’s explanation concerning this part of the Plaintiff’s assertion is as stated in the corresponding part of the judgment of the court of first instance (from 15th to 4th of the judgment of the court of first instance). Therefore, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

(b) as shown in the attached Form of the relevant regulations.

C. Facts of recognition 1) E Co., Ltd. (hereinafter “E”).

(2) On June 16, 2010, the Plaintiff was dispatched to E and served as an executive director on February 10, 2011, and returned to the Intervenor on April 25, 2012 after the Intervenor was dispatched to E and served as an executive director. The Intervenor and E and Canadian corporations jointly established the instant international school on July 7, 2010, and the head of the International School Secretariat concluded a cooperative agreement with E and Canada corporations jointly.

During work in E, the Plaintiff was performing overall control over the operation of E with the delegation of K, who was the president of the Intervenor and the representative director of the E.

3) On February 9, 2012, E was equipped with a recruitment plan for the Secretary General for the instant international school on February 9, 2012, and he/she is required to have a general experience in establishing and administering school affairs (such as personnel, budget, finance, and procurement) for domestic and foreign international schools, ② characteristics of the Korean educational market are well understood, ③ smooth communication with students and parents, ④ smooth in Korean and English language, and ⑤ enable utilization of PCs (PCs).