부당해고구제재심판정취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff in the circumstances of the review decision is a local government delegated with part of the administrative authority by the State under the Local Autonomy Act, and the superintendent of education of Busan Metropolitan City under Article 18 of the Act on Autonomy of Local Education represents the affairs concerning education and art.
A, B, C, and D were employed as a professional English instructor at a school to which the Plaintiff belongs in English, and were notified by the Plaintiff on February 28, 2017, and the term of the labor contract was expired. On May 26, 2017, the said notification filed an application for remedy with the Busan Regional Labor Relations Commission on May 26, 2017.
On July 18, 2017, the Busan Regional Labor Relations Commission recognized that the termination of the labor contract relationship on the ground of the expiration of the term of the labor contract is unfair, even though the above people were converted to an employee with no fixed period of time.
On August 18, 2017, the Plaintiff dissatisfied with the initial inquiry tribunal, filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on October 19, 2017.
(2) The Plaintiff filed the instant lawsuit after the lapse of 15 days from the date of receipt of the written decision on reexamination of this case, on the following grounds: (a) there is no dispute over the instant decision on reexamination; (b) there is no entry of evidence Nos. 16 and 18; and (c) the purport of the entire pleadings; and (c) the Plaintiff filed the instant lawsuit after the lapse of 15 days from the date of receipt of
Judgment
According to Article 31(2) and (3) of the Labor Standards Act, an employer or employee who is dissatisfied with a decision on reexamination made by the National Labor Relations Commission shall file an administrative litigation within 15 days from the date of receipt of the written decision on reexamination, and if the administrative litigation is not filed within this period, the decision on reexamination shall
If the purport of the entire argument is added to the statement in the statement No. 1-1 and No. 1-2, the plaintiff was served on Nov. 15, 2017, but the notice of the review of this case was served on Nov. 13:10 on Nov. 15, 2017, but it was obvious that 15 days have passed thereafter. < Amended by Presidential Decree No. 28210, Jul