부당해고구제재심판정취소
1. Revocation of the first instance judgment.
2. On November 6, 2013, the National Labor Relations Commission between the Plaintiff and the Defendant joining the Defendant.
1. The reasons why the court of this case cited in the judgment of the court of first instance are as follows, and the reasons why the court of first instance cited in this case are as follows: 4 to 5 and 17 of the judgment of the court of first instance; Inasmuch as Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are as they are cited.
[5] Meanwhile, on March 18, 2013, the Intervenor received all postal items delivered to the address on the Intervenor’s resident registration copy on April 13, 2013 and on April 23, 2013, following the month in which the Intervenor failed to receive the notice of dismissal sent to the address on the Intervenor’s resident registration copy (the postal items delivered on April 13, 2013) (the postal items delivered on April 13, 2013 were received by the Intervenor after visiting the post office, and the postal items delivered on March 23, 201 were directly received by the Intervenor at his/her domicile on the Intervenor’s resident registration copy.
(6) On April 1, 2014, in the proceeding of the instant lawsuit, the Plaintiff sent a notice of dismissal to the address and the intervenor’s new address (Seoul Western-gu E and third floor) known by telephone on March 29, 2013, respectively. On April 2, 2014, the Plaintiff directly received it by the Intervenor at his/her domicile on the certified copy of resident registration at around 10:09, and on the same day, at around 10:15, the mother of the Intervenor received it at the said new address.
[Reasons for Recognition] Evidence No. 1-1, 2, Evidence No. 5-1, Evidence No. 6, 9, and 10, Evidence No. 4, and the purport of the whole pleadings
C. Article 27 of the Labor Standards Act provides that, in order for an employer to dismiss a worker, the employer shall be notified in writing of the grounds for and timing of the dismissal. This purport is to ensure that the employer is careful in dismissing the worker through written notification of the grounds for dismissal, etc., and to ensure that the dispute surrounding the existence and timing of dismissal and the reasons therefor can be resolved appropriately and easily after the dismissal, and that the employer can properly respond to the dismissal even to the worker (see, e.g., Supreme Court Decision 2010Da1058, Oct. 27, 2011