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(영문) 대전지방법원 2017.07.06 2016구합106024

부당해고구제재심판정취소

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1. On November 8, 2016, the Defendant filed an application for reexamination of unfair dismissal relief between the Plaintiff and the Intervenor joining the Defendant.

Reasons

1. Details of the decision on retrial;

A. On November 24, 2014, the Plaintiff established an urban regeneration support center (hereinafter “instant center”) pursuant to Article 7 of the Ordinance on Promotion of and Support for Urban Regeneration in A Si, and entered into an agreement to entrust affairs concerning the operation and management of the instant center to C, an incorporated association (hereinafter “C”) (hereinafter “instant agreement”).

B. The Intervenor joining the Defendant (hereinafter “ Intervenor”) reported the interview with C on December 26, 2014, and was specially employed, and served as an education and publicity team team member at the instant center from January 1, 2015, following the special employment of C.

C. On December 16, 2015, C expressed to the Plaintiff the intent to return the right to the entrusted operation of the instant center, and the Plaintiff entered into an agreement on February 24, 2016 on the operation and management of the instant center to the Industry-Academic Cooperation Foundation for D University.

On February 26, 2016, the Intervenor received a notice of termination of the contract (hereinafter “instant notice of termination”) stating that “I will notify C that the appointment and annual salary contract will be terminated (e.g., invalidation) as of March 31, 2016 as the termination of the entrusted operation of the instant center (hereinafter “instant termination notice”).”

E. On March 9, 2016, the Industry-Academic Cooperation Foundation of the D University decided to open recruitment of employees to work at the instant center after consultation with the Plaintiff and the instant center, and announced the public of employees on the website of the D University and the D University on the 14th day of the same month.

Accordingly, 11 existing employees of the instant center, including the Intervenor, supported the above open recruitment procedure, but only 10 existing employees other than the Intervenor, passed on March 25, 2016, and the Intervenor was disqualified.

F. On May 13, 2016, the Intervenor asserted that “the instant notice of termination constitutes unfair dismissal of the Plaintiff, and the refusal to employ an industry-academic cooperation foundation of the D University also constitutes unfair dismissal,” and filed an application for remedy with the Chungcheong Northern Regional Labor Relations Commission.

The Chungcheong Regional Labor Relations Commission is with ‘C on July 7, 2016.'