부당해고구제재심판정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.
1. Details of the decision on retrial;
A. The party status 1) The Intervenor joining the Defendant (hereinafter “ Intervenor”)
(2) The Plaintiff joined the Intervenor on April 29, 2002 and served as an inspector at the bending quality control team of the bending two factories. The Plaintiff has been working for the bending quality control team of the bending two factories.
B. From around September to October 2014, the Plaintiff’s dismissal against the Plaintiff on February 6, 2017: (a) visited the Plaintiff, a sports soil betting site, or watch the real-time sports broadcast during the business hours; (b) visited the Plaintiff 46.4 hours (average of KRW 1 hours and 20 minutes per day) from January 17, 2015 to November 17, 2016.
(1) On December 26, 2016, the Intervenor requested a disciplinary resolution against the Plaintiff on the following grounds to the personnel committee. On December 27, 2016, the Intervenor and the B Trade Union (hereinafter “instant trade union”) to which the Plaintiff and the Plaintiff joined (hereinafter “instant trade union”).
(2) On January 5, 2017, the Intervenor notified the Plaintiff and the instant trade union of the plan to hold the personnel committee. (3) On January 5, 2017, the Intervenor decided to dismiss the Plaintiff on February 6, 2017 based on Article 65 subparag. 8 of the Rules of Employment, which was held on January 5, 2017, and notified the Plaintiff and the instant trade union on the same day.
C. On February 6, 2017, the Plaintiff filed a request for reexamination and the Intervenor’s dismissal 1) on January 13, 2017, the Plaintiff filed a request for reexamination with the Intervenor on the same day, and notified the Plaintiff and the instant trade union that the personnel committee for reexamination will be held on January 13, 2017. 2) The instant trade union requested postponement of holding a new personnel committee on the grounds of the schedule of the instant trade union to the Intervenor on January 13, 2017. The Intervenor obtained the Plaintiff’s consent on the same day, and then notified the Plaintiff and the instant trade union again that the new personnel committee will be held on January 20, 2017.
3. The instant trade union shall be held by the Review Personnel Committee on January 19, 2017.