부당해고구제재심판정취소
1. On July 7, 2015, the National Labor Relations Commission rendered the Central Labor Relations Commission’s remedy for unfair dismissal between the Plaintiff and the Defendant’s Intervenor.
1. Details of the decision on retrial;
A. On July 1, 2008, the Plaintiff (formerly, “Korea Standards Bank for Stock Companies”) is a company that engages in savings bank business with approximately 130 full-time workers employed, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) joined the Plaintiff and was in charge of collecting parent-base claims.
B. The Plaintiff demanded and received money from the Intervenor to the Intervenor in relation to the selection of the person subject to the program for reducing and exempting interest (or arranging private financing by taking advantage of his/her position) on the ground that not only the grounds for disciplinary action (hereinafter “instant disciplinary action”) violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, but also violates Articles 7, 9, 33-1, 2, 3, 3, 5, 11 of the Employment Regulations, following a resolution of the personnel committee on December 24, 2014.
(hereinafter referred to as “instant dismissal”). C.
On January 28, 2015, the Intervenor asserted that the instant dismissal was unfair, and filed an application for remedy with the Gyeonggi Regional Labor Relations Commission on January 28, 2015, and on March 27, 2015, the Gyeonggi Regional Labor Relations Commission (Seoul District Labor Relations Commission) received money from the Intervenor B in return for the selection of the program for the reduction and exemption of interest, and only constitutes grounds for disciplinary action where the Intervenor was returned money to B, but the dismissal of the instant case was deemed to have abused or deviates from the right of disciplinary discretion because of excessive disciplinary action.
On May 4, 2015, the Plaintiff dissatisfied with the foregoing initial inquiry tribunal and applied for reexamination to the National Labor Relations Commission. However, the National Labor Relations Commission (Seoul High Court Decision 2015Da403) dismissed it on July 7, 2015.
(hereinafter referred to as “instant decision on reexamination”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the decision on the retrial of this case is legitimate
A. The Plaintiff’s assertion 1) The Intervenor did not appear in the grounds of the instant disciplinary action against B in November 2012.