부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part arising from the supplementary participation.
1. Details of the decision on retrial;
A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a juristic person established on August 7, 2002 and ordinarily employs 16,000 workers and engaged in automobile manufacturing business, etc.
The Plaintiff, as an employee of the Intervenor, served as a technical appointment, was a member of the Korean Metal Trade Union B branch (hereinafter “instant Trade Union”) from October 1, 2013 to September 30, 2015, taking charge of the head of the relevant branch’s welfare office.
B. On November 17, 2016, the Intervenor dismissed the Plaintiff as of November 18, 2016, on the ground that the “act of the Plaintiff to receive money and valuables on four occasions from 2013 to 2014 in relation to the selection, etc. of a company futures shop supplier” under Article 52(2) of the collective agreement constitutes the grounds for disciplinary action under Article 52(2) of the same agreement (hereinafter “the first ground for disciplinary action”), “when he/she was given a case or entertainment under the business of the company (hereinafter “the second ground for disciplinary action”),” and “where he/she severely damaged the reputation or external credibility of the company due to an infinite act” under Article 52(3) of the same agreement (hereinafter “the third ground for disciplinary action”), each of the grounds for disciplinary action, including each of the grounds for disciplinary action, constitutes the grounds for disciplinary action.
(hereinafter “instant disciplinary dismissal”) C.
On December 14, 2016, the Review Personnel Committee decided to accept the intervenor's request for a retrial and to maintain the disciplinary dismissal as it is, although the plaintiff filed an application for a retrial with the intervenor.
On February 14, 2017, the Plaintiff filed an application for remedy for unfair dismissal with the Incheon Regional Labor Relations Commission. On April 14, 2017, the Incheon Regional Labor Relations Commission dismissed the application for remedy on the ground that “the grounds for disciplinary action are recognized, the disciplinary action is appropriate, and no procedural defect is found.”
E. On May 18, 2017, the Plaintiff appealed and filed an application for review with the National Labor Relations Commission seeking cancellation of the first inquiry tribunal, and the National Labor Relations Commission on July 19, 2017.