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(영문) 대전고등법원 2018.04.18 2017누13736

부당해고구제재심판정취소

Text

1. The defendant's appeal is all dismissed.

2. The part resulting from the participation in the total cost of the lawsuit after the filing of the appeal.

Reasons

1. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance except for the following modifications or additions. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Following the second half of the judgment of the first instance court, “B. Intervenor Company (hereinafter “instant notice”)” part of “B. The Intervenor Company notified the Plaintiffs as of July 29, 2013 and August 27, 2013 that each of the labor contracts with the Plaintiffs was terminated as of August 31, 2013 (hereinafter “instant notice”).

B. Following the third 8-9 of the first instance judgment “(combined)”, “the instant retrial ruling” is added.

(c)six (6) of the fifth and sixth (6) rulings of the first instance court shall be added:

Article 13 (Retirement of Members) Where any member falls under any of the following subparagraphs while on duty, he/she shall retire automatically:

1. A person who is disqualified under Article 8;

2. A person who reaches the retirement age;

3. The deceased;

(d)in the first instance court’s fifth 11th decision, the following shall be added:

Article 54 (Provisions Applicable Mutatis Mutandis) Matters not prescribed in these Rules shall be governed by the Labor Standards Act, other relevant Acts and subordinate statutes, precedents, and ordinary practices.

E. The plaintiff A was in charge of the 6th 8-9th 8-9th son of the first instance judgment, and the part “4) The plaintiff A was in charge of collecting domestic wastes in the Fanju-gun of Ulsan, U.S., and was in charge of collecting domestic wastes in the U.S. area from May 2013.”

(f) 2 to 4 times the “2 to 20 times” of the 6th 16th 16th am of the first instance judgment is written. G. Following the 10th 5th am of the first 10th am of the first am “after its establishment,” “except for one employee (P) retired on the ground of the expiration of the management period.”

"The parts" have been written with the following contents:

In addition, the Plaintiffs are intervenors.