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(영문) 의정부지방법원 2014.08.21 2013나51897

임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. From July 21, 2011, the Plaintiff served as a management support director of Company B (hereinafter “Defendant Company”), a rehabilitation company, as a management support director.

As of July 12, 2012, Defendant Company notified the Plaintiff of the suspension from office, and dismissed the Plaintiff as of September 9, 2012.

B. On October 17, 2012, the Plaintiff filed an application for remedy of unfair suspension from office, and the Gyeonggi Regional Labor Relations Commission rendered a decision that the dismissal is unfair on the ground that the instant suspension from office belongs to the personnel authority’s inherent authority due to the nature of temporary suspension from office, not a kind of disciplinary action under the Rules of Employment, and that there is no illegality such as abuse of personnel discretionary authority, and that the application for remedy from unfair dismissal is not recognized as grounds for dismissal.

C. On February 5, 2013, the National Labor Relations Commission dismissed an application for reexamination of the above unfair dismissal. On November 8, 2013, the National Labor Relations Commission rendered a judgment dismissing the application on the ground that there is insufficient proof of considerable portion of the grounds for disciplinary action in the Seoul Administrative Court (Seoul Administrative Court 2013Guhap7261) and the grounds for disciplinary action alone cannot be deemed as serious misconduct to the extent of dismissal.

The plaintiff's salary is 5 million won per month, and the defendant company did not pay the plaintiff the salary from July 2012 to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 1,500 wages from July 2, 2012 to September 2012, as the Plaintiff seeks, in part, the unpaid wages during the period of service and the period of unfair dismissal, as well as damages for delay calculated at the rate of 20% per annum from January 3, 2013 to the date following the delivery of a copy of the complaint in this case, to the date of complete payment.

The defendant.