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(영문) 서울행정법원 2018.04.26 2017구합7283

부당해고구제재심판정취소

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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.

Reasons

1. Details of the decision on retrial;

A. The plaintiff is a corporation that is established on January 4, 2002 and ordinarily employs approximately 2,600 workers and operates a specialized apartment management business, etc., and is a B apartment (hereinafter "the apartment of this case").

(2) On October 26, 2016, an intervenor is a person who became a member of the Plaintiff and served as an electrical engineer of the instant apartment.

B. On October 19, 2015, the Plaintiff appointed C as the president of the instant apartment management office on October 19, 2015. (2) On October 26, 2016, the Intervenor began to work as a electrical engineer in the instant apartment from October 26, 2016. On November 4, 2016, the Plaintiff drafted a labor contract stating the following details with the Plaintiff.

Article 1 (Period of Employment Contract) (1) The term of this contract is from October 26, 2016 to October 25, 2017.

Article 2 (Period of Probation) (1) The duration of the Intervenor shall be three months from the date of his/her entry, regardless of his/her career.

(2) Where it is deemed difficult for a person to work any other person due to defects in the attitude of duty, ability to perform duties, degree of achievement, quality, character, physical constitution, health conditions, etc. during the probationary period, he/she may refuse to provide new employment after the dismissal or expiration of the probationary period.

Article 3 (Places of Work, Duties and Duties) (2) The duties and duties of intervenors shall be as follows:

Duties: A watcher, a watcher, or a position (ranking): Notwithstanding paragraphs (1) and (2) of this Article, the plaintiff may, if necessary for his/her duties, change the part of the intervenor's work, duties, and positions.

Article 10 (Application Mutatis Mutandis) Other working conditions shall be governed by the rules of employment and regulations prescribed by the plaintiff unless they violate the Labor Standards Act, and those other than those prescribed by the current Labor Standards Act and other labor-related Acts shall be governed by the Labor Standards Act.

C Around November 20, 2016, the intervenor instructed the intervenor to perform the work to prevent the same frequency, but the intervenor's work.

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