부당해고구제재심판정취소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the Plaintiff, including the part resulting from the participation.
The Inspector of the Review Decision was established on December 30, 1998 and was established on December 30, 1998, and was employed by approximately 9,00 full-time workers under the 11st headquarters, and engaged in the management of expenses and facilities. On December 1, 2018, the Plaintiff was dismissed on July 31, 2019 upon receipt of a notice of the expiration of the labor contract term.
(hereinafter “instant dismissal.” On August 5, 2019, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission by asserting that “the instant dismissal is unfair.” On September 30, 2019, the Seoul Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that “the right to renew the labor contract is recognized, but there are reasonable grounds for rejection of renewal.”
On October 29, 2019, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission. On December 26, 2019, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the initial inquiry court.
(hereinafter “instant decision on reexamination” / (hereinafter “instant decision on reexamination”) did not dispute, the written evidence Nos. 1 and 2, and the purport of the entire pleadings of the instant lawsuit is legitimate. The Plaintiff, in the process of reexamination of the National Labor Relations Commission, appointed a certified labor affairs consultant E as his/her agent. The Plaintiff filed the instant lawsuit even 15 days after the E’s office fee F received the written decision on reexamination of reexamination of this case. Thus, the instant lawsuit is unlawful even with the lapse of the period for filing the lawsuit.
Judgment
Article 31(2) of the Labor Standards Act provides that "the employer or worker may file a lawsuit in accordance with the Administrative Litigation Act within 15 days from the date of receipt of a written decision on review by the National Labor Relations Commission."