이행강제금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a business owner who runs a village bus transport business by employing 53 full-time workers after being established on March 2, 1993.
B. On November 5, 2010, the Plaintiff employed workers A as a community bus engineer by setting the contract term as one year, and agreed to extend the contract term with A on November 5, 2011.
On November 28, 2011, A made an oral expression to B of his/her intent to resign when he/she does not take corrective measures, and B delivered it to C on the same day, and C prepared and processed a written statement of intent from December 1, 2012 that A is in the position of a member without directly confirming the Plaintiff’s intention to resign or requiring him/her to submit a written resignation.
C. A filed an application for remedy with the Seoul Regional Labor Relations Commission on February 9, 2012 that the Plaintiff’s member's work process constitutes unfair dismissal, and the Seoul Regional Labor Relations Commission dismissed the application for remedy on February 9, 2012.
A dissatisfied with the first instance judgment, and filed an application for review with the National Labor Relations Commission. On May 30, 2012, the National Labor Relations Commission revoked the first instance judgment on the ground that A’s expression of intention constitutes an unfair dismissal and issued an order to return A to his/her original position within 30 days from the date of receipt of the written request for review and to pay an amount equivalent to the wages he/she could have received if he/she had worked during the period of dismissal (Article 2012 No. 268 of the Central 2012 Re-adjudication; hereinafter “instant decision”), and the Plaintiff was served on July 6, 2012.
Although the Plaintiff filed a lawsuit seeking revocation of the adjudication on the relief of unfair dismissal against the instant decision, the judgment dismissing the Plaintiff’s claim was final and conclusive on the ground that A had no effective declaration of resignation.
(Supreme Court Decision 2012Guhap22989 Decided January 30, 2013, and the Seoul High Court Decision 2013Nu6024 Decided August 29, 2013) e.g., Seoul High Court Decision 2013Nu6024 Decided January 30, 2013.
The National Labor Relations Commission.