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(영문) 서울행정법원 2020.05.29 2019구합64310 (1)

부당해고및부당노동행위구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. On January 1, 2012, the Plaintiff changed the “F Hospital” (the trade name in 2016 was changed to the “G Hospital”).

hereinafter referred to as “instant hospital”

(2) The Intervenor B is a person who had joined the instant hospital on August 16, 2016 and has been working as an occupational clinic.

3) The Intervenor C Trade Union (hereinafter referred to as the “ Intervenor Union”) and the Intervenor B together with the Intervenor B

) A trade union is a national industrial trade union organized on March 9, 1998 for workers engaged in the national healthcare industry, and the number of its members is approximately 50,000. H branch affiliated with the Intervenor Union (hereinafter referred to as the “ Intervenor Branch”).

(B) On April 6, 2015, the Intervenor B was established on April 6, 2015, and from January 2017, the Intervenor B works as the head of the policy department of the Intervenor’s Union. (B) On June 22, 2016, the Plaintiff published employment notice to recruit a career worker and a new job clinic as follows.

On June 22, 2016, the field of recruitment (career & new job) for adults in the G Hospital: Adult/employment: Suspension from office / Four-day insurance: Guarantee / Five-day employment: The 5-day employment contract (hereinafter referred to as “the first employment contract in this case”) between the Plaintiff and the Intervenor, on June 22, 2016, began to work at the instant hospital by reporting the above employment announcement and supporting the employment announcement. The Intervenor B, on August 25, 2016, had the employment contract period from August 16, 2016 to August 15, 2017 (hereinafter referred to as “instant employment contract”).

(3) On September 29, 2017, the Plaintiff and the Intervenor concluded a labor contract with the term of the labor contract from August 16, 2017 to August 15, 2018 (hereinafter “instant secondary labor contract”); and the instant secondary labor contract with the instant primary labor contract.