이행강제금부과처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
B is a person who served as a plaintiff taxi driver from April 22, 2013.
On April 6, 2018, the Plaintiff dismissed him through the Disciplinary Committee on the ground that he was absent from office or dismissed without permission, and that his uniforms were defective at the time of performing his duties.
B appealed and filed C a petition for remedy to the Defendant.
On June 7, 2018, the Defendant did not recognize some grounds for dismissal on June 7, 2018, and the grounds for dismissal are insufficient to justify dismissal. Thus, the Defendant issued the first trial court on the following order by deeming that dismissal constitutes unfair dismissal.
1. The dismissal of the Plaintiff made to B on April 6, 2018 recognizes that the dismissal is unfair.
2. Within 30 days from the date of receipt of the written determination, the Plaintiff paid the amount equivalent to the wages that could have been paid if he/she was reinstated to B and had worked normally during the dismissal period (hereinafter “instant remedy order”). The Plaintiff dissatisfied with this order and filed an application for reexamination to the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on October 2, 2018.
On November 23, 2018, the Plaintiff ordered B to return to the original position on November 26, 2018, and ordered B to return to the original position on December 28, 2018.
Meanwhile, around that time, the Plaintiff deemed the period of dismissal B from April 6, 2018 to November 26, 2018, and paid KRW 4,145,895 as the amount equivalent to his/her wage.
On March 5, 2019, the Defendant notified the Plaintiff of the imposition of a non-performance penalty on the following: “The Defendant ordered the Plaintiff to comply with the instant remedy order by August 4, 2018, and alleged that B failed to comply with the remedy order, and thus, submitted its opinion thereon.”
On April 23, 2019, the Defendant issued a disposition to impose a non-performance penalty of KRW 9.9 million on the Plaintiff (hereinafter “instant first disposition”), and on October 14, 2019, “The Plaintiff again issued a disposition to impose a non-performance penalty of KRW 9.9 million on the Plaintiff.”