부당해고구제재심신청 기각처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
(a) An intervenor is a local agricultural cooperative established under the Agricultural Cooperatives Act that operates financial business, etc. by employing approximately 90 workers on a regular basis;
On March 1, 1993, the Plaintiff entered into a labor contract with the Do Agricultural Cooperative and transferred it to the Intervenor on March 4, 2010.
B. On March 16, 2015, the Intervenor ordered the Plaintiff to issue a standby order on the ground that “the Plaintiff’s relatives, etc. conducted a demonstration against the Plaintiff in front of the B branch where the Plaintiff had worked, and the Intervenor interfered with the Intervenor’s business and sustained image.”
The Plaintiff returned to the Plaintiff’s work on June 15, 2015. However, on August 10, 2015, the Intervenor issued a standby order again to the Plaintiff on the ground that the Plaintiff lacks the Plaintiff’s ability to perform his/her duties.
On October 5, 2015, the Plaintiff filed an application for remedy with the Gyeonggi Regional Labor Relations Commission. On November 27, 2015, the Plaintiff settled that the Intervenor and the standby order are terminated.
C. On June 2, 2016, the Intervenor’s personnel committee decided to dismiss the Plaintiff on the ground that “the Plaintiff’s lack of ability to perform his/her duties, etc.” was dismissed.
On June 20, 2016, the Plaintiff filed an application for remedy with the Gyeonggi Regional Labor Relations Commission, and the Gyeonggi Regional Labor Relations Commission accepted the Plaintiff’s application for remedy on August 19, 2016 and issued an order for remedy to the intervenors on August 19, 2016.
D. D.
The Intervenor ordered the Plaintiff, on September 26, 2016, to be reinstated on October 10, 2016 in accordance with the above order for remedy, but the Plaintiff expressed his/her intent to be reinstated as of October 18, 2016 on the grounds of hospital treatment, etc. to the Intervenor, and returned on October 18, 2016.
E. On November 14, 2016, the National Agricultural Cooperative Federation sent an official guide to voluntary retirement of workers belonging to local agricultural cooperatives to the national regional agricultural cooperatives, including intervenors.
On November 30, 2016, an intervenor decided to provide voluntary retirement to his/her employees, and on December 6, 2016, the intervenor voluntarily retires to his/her employees, including the Plaintiff.