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(영문) 서울행정법원 2016.08.18 2015구합8077

행정심판재결무효확인등

Text

1. The plaintiff's lawsuit against the head of the Seoul Regional Employment and Labor Office, and the head of the Seoul Local Employment and Labor Office's Seoul Northern Site.

Reasons

1. Basic facts

A. On October 1, 2009, while serving in B Co., Ltd. (hereinafter “instant company”), the Plaintiff asserts that the Plaintiff was forced to suspend its business in accordance with the Rules of Employment illegally amended from the instant company.

B. On September 3, 2010, the Plaintiff filed a petition against the head of the Seoul Northern District Office of Employment and Labor, and the result thereof 1) on the ground that the representative director of the instant company did not comply with the procedure to obtain consent from the employees when he had modified the rules of employment disadvantageously to the Seoul Northern District Office. However, on September 29, 2010, the head of the Seoul Northern District Office notified the Plaintiff of the processing result of the reported case to the effect that the Plaintiff completed the administration on September 29, 2010, on the ground that there was no violation of the law as a result of the investigation by the Plaintiff. 2) The Plaintiff filed a petition again with the same content at the Seoul Northern District Office of Employment and Labor, Seoul Northern District Office of Employment and Labor, but the head of the Seoul Northern District Office of Labor and Labor was notified of the processing result of the reported case on the ground that there was no violation of the Labor Standards Act under the direction of the prosecutor on December 7, 2010.

C. On December 9, 2013, the Plaintiff filed a complaint with the representative director of the instant company with the Seoul Regional Employment and Labor Agency on the Plaintiff’s petition against the head of the Seoul Regional Employment and Labor Agency. However, on February 13, 2014, the head of the Seoul Regional Employment and Labor Agency notified the Plaintiff of the processing of the reported case that he sent the instant case to the Seoul Regional Employment and Labor Agency on August 19, 2014 and September 3, 2014.

9. In a national newspaper, a petition was filed against the National Assembly to “request the difference of wages, etc. that can be paid if the person works for normal work without forced suspension pursuant to the rules of employment invalid for violating amendment procedures,” and the head of the Seoul Regional Employment Agency.

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