기타이행강제금부과처분취소
1. The Seoul Regional Labor Relations Commission’s disposition on November 13, 2015, “the imposition of KRW 15,300,000 for non-performance penalty imposed on the Plaintiff.”
1. Details and details of the disposition;
A. The Plaintiff is a school foundation that established and operated CY High School in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant school”) established on February 24, 1964.
B. On October 5, 2010, the Plaintiff rendered disciplinary action against D (the head of the administrative office of the instant school at the time) on the following grounds:
(hereinafter “First Disciplinary Action”). ① In spite of having served as the Head of the Office of Administration and as the Head of the Office of Administration and as the Head of the Office of the Juristic Person, and having not performed the pertinent duties by dismissal from office, it shall not hand over the corporate head and the documents related to the corporation to his successor by July 22, 2009 without complying with the direction of the Plaintiff’s transfer. ② D received KRW 500,000 from the Family Association around February 2009, the number of students of the school was delivered 50,000 to their successors in the name of a meeting. On April 15, 2010, D did not keep and return the said money without reporting until the whereabouts of the said money was carried out by the Head of the Office.
C. On December 1, 2010, D applied for a remedy against the first disciplinary action to the Seoul Regional Labor Relations Commission (Seoul 2010da2340), and the Seoul Regional Labor Relations Commission dismissed the request for remedy on January 27, 2011.
D applied for a new trial to the National Labor Relations Commission on February 17, 2011 (Central 201.132). On June 2, 2011, the National Labor Relations Commission decided that the first disciplinary action against the National Labor Relations Commission was unfair and reinstated D in the original position.
(hereinafter referred to as “the first decision on review”) d.
On July 7, 2011, the Plaintiff was dissatisfied with the first new trial ruling, and filed a lawsuit with the Seoul Administrative Court for the revocation of unfair dismissal (201Guhap21454). On December 15, 2011, the court rendered a judgment dismissing the Plaintiff’s claim on the ground that the disciplinary action is unfair, although all grounds for disciplinary action are recognized,.
The judgment became final and conclusive through the appellate court and the final appeal.
E. The Plaintiff returned D on April 3, 2013 according to the above final judgment, but returned D again on June 17, 2013.