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(영문) 서울고등법원 2010.2.10. 선고 2009누16932 판결

부당해고구제재심판정취소

Cases

209Nu16932 Revocation of the Request for Remedy against Unfair Dismissal

Plaintiff Appellant

A Social Welfare Foundation

Defendant Elives

The Chairman of the National Labor Relations Commission

Intervenor joining the Defendant

1. B

2. C

The first instance judgment

Seoul Administrative Court Decision 2008Guhap48718 decided May 28, 2009

Conclusion of Pleadings

January 20, 2010

Imposition of Judgment

February 10, 2010

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Purport of claim and appeal

The decision of the first instance court shall be revoked. The decision of the National Labor Relations Commission on November 10, 2008 between the plaintiff and the defendant joining the defendant (hereinafter referred to as "the intervenor") shall be revoked.

Reasons

This Court's reasoning is as follows: Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are cited, except where " June 10, 2006" in Section 6, Section 8 of the judgment of the court of first instance is applied to " June 10, 2004."

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

Judges

Judges and equipment of the presiding judge

Judges Jin-dam

Judge Meritorious;

심급 사건
-서울행정법원 2009.5.28.선고 2008구합48718