부당해고구제재심판정취소
The plaintiff's claim is dismissed.
Costs of lawsuit shall be borne by the plaintiff, including the part resulting from the participation.
The plaintiff is a corporation that is established on June 14, 2019 and is engaged in the e-commerce business (agency driver call center) by five full-time workers.
On June 14, 2019, the intervenor joined the plaintiff company and worked as planning director.
An intervenor was unfairly dismissed from the Plaintiff Company on September 25, 2019
The Busan Regional Labor Relations Commission filed an application for remedy.
On November 22, 2019, Busan Regional Labor Relations Commission accepted an application for remedy from a participant on the ground that “the dismissal exists, and the dismissal is unfair in violation of the duty of written notification.”
On December 27, 2019, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission. However, on February 27, 2020, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the above judgment of the first instance (hereinafter “instant judgment of reexamination”). [In the absence of dispute, the Plaintiff’s summary of the Plaintiff’s assertion as to the legitimacy of the judgment of reexamination of this case as to the entirety of the pleadings, the entry of evidence Nos. 1 and 3, and the purport of the entire pleadings, and the purport of the judgment of reexamination of this case, the Plaintiff’s assertion as to the legitimacy of the judgment of reexamination of this case was pointed out by the Plaintiff’s D Standing Director on September 24, 2019.
The term "" deleted data stored in a business computer used by him/her while putting him/her on a job, and he/she left the Plaintiff company with his/her personal things.
As such, since the intervenor voluntarily withdrawn from the Plaintiff Company, the judgment of the retrial of this case based on the premise that the plaintiff dismissed the intervenor is unlawful.
Facts of recognition
The Intervenor joined Co., Ltd. E on April 10, 2019, but moved its affiliate along with the establishment of the Plaintiff Company on June 14, 2019, and entered into an employment contract with the Plaintiff Company with the following contents:
4. Contract term (1) The contract term shall be from June 14, 2019 to April 9, 2020;
- The first merger agreement group for membership days: April 10, 2019 to June 13, 2019 – the transfer between affiliates shall succeed to the first membership of the merger agreement group.
(2) Until the expiration of an employment contract.