부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
The following facts may be acknowledged if there is no dispute between the parties, or if the whole purport of the pleadings is added to each entry in Gap evidence 1, Eul evidence 4, and 5 (including each number; hereinafter the same shall apply).
On September 1, 1993, the intervenor joined the plaintiff and worked in the B Hospital on September 1, 1993, and was transferred to C Hospital on March 1995, and worked in the Medical Information Team as a medical affairs recorder.
On May 23, 2013, the Plaintiff notified the Intervenor that the Intervenor dismissed the Intervenor on the ground that the Plaintiff’s refusal of business instructions, neglect of duties, unauthorized use of leave, and verbal abuse and violent behavior against his/her superior and his/her staff members, and other serious harm to the organizational order.
(hereinafter “instant dismissal”). On August 14, 2013, the Intervenor asserted that the instant dismissal was unfair, and filed an application for unfair dismissal with Seoul Regional Labor Relations Commission (Seoul Regional Labor Relations Commission) as Seoul Section 2013BB92. The Seoul Regional Labor Relations Commission cited the application on October 10, 2014.
On November 5, 2014, the Plaintiff appealed and filed an application for reexamination with the Central Labor Relations Commission as to the Central Labor Relations Commission. However, on January 21, 2014, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the ground that the Intervenor’s dismissal of the Intervenor constitutes abuse of the disciplinary authority, on the grounds that “the Plaintiff’s dismissal of the Intervenor constitutes an abuse of the disciplinary authority by failing to take disciplinary action,” which is recognized as a ground for disciplinary action, is recognized to have continuously caused errors in the duties to be in charge as a medical record recorder and failing to perform financial resources analysis work; the Intervenor’s use of leave without approval by the head of the department; but the Intervenor neglected his/her duties while performing the duties to record the status of other workers’ work or retirement hours during his/her working hours; and the fact that the Intervenor’s dismissal of the Intervenor was seriously detrimental to the organization order
(hereinafter “instant decision on review”). The Plaintiff’s assertion and determination are asserted.