기타이행강제금부과처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation engaging in welfare, cultural education, etc. in the field of children and juveniles by ordinarily employing 31 workers in the Nam-gu Incheon Metropolitan City, and operated various child welfare facilities, including Incheon B Center “C,” by being entrusted by the Gu office, etc.
B. On April 30, 2018, the Plaintiff notified workers D (hereinafter “instant workers”) who worked at the above “C” center of dismissal, and the instant workers filed an application for remedy against unfair dismissal with the Defendant on May 8, 2018.
C. On August 31, 2018, the Defendant rendered a ruling recognizing that the dismissal of the instant employee was unfair (hereinafter “instant remedy order”). At the same time, the Defendant issued a remedy order stating that “the Plaintiff shall immediately restore the instant employee to the original position and pay the amount equivalent to the wages that could have been received if the employee had worked normally during the period of dismissal” (hereinafter “instant remedy order”).
On September 27, 2018, the defendant served the plaintiff with the written ruling and notified the plaintiff of the result of the execution of the remedy order within 30 days from the date of receipt of the written ruling.
E. On September 28, 2018, the Plaintiff served the written determination, and thereafter filed an application for reexamination with the National Labor Relations Commission on October 2, 2018, and the National Labor Relations Commission ruled that the application for reexamination was dismissed on December 27, 2018.
F. As the Plaintiff did not continue to implement the instant remedy order, the Defendant issued a disposition on February 21, 2019 that imposed a non-performance penalty of KRW 5 million on the Plaintiff pursuant to Article 33(1) of the Labor Standards Act, following the prior notice procedure for imposing a non-performance penalty.
(g) Around January 2020, the Plaintiff filed a lawsuit against the Central Labor Relations Commission seeking the revocation of the said judgment of reexamination as Seoul Administrative Court No. 2019Guhap54528, Dec. 19, 2019; however, the Plaintiff was sentenced to the dismissal judgment of dismissal on December 19, 2019; and the Plaintiff appealed to the Seoul High Court but dismissed the appeal on October 8, 2020.