부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Causes and contents of the decision in the retrial;
A. The Plaintiff is a non-profit corporation that is established on December 31, 1992 and ordinarily employs approximately twenty twenty workers and engages in mutual friendship and welfare promotion of its members, governmental entrusted duties, etc. as its main business.
The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a person who joined the Plaintiff on May 14, 2015 and served as a managing director.
B. On June 22, 2017, the Plaintiff resolved to dismiss the Intervenor.
(hereinafter “instant dismissal”) C.
On September 4, 2017, the Intervenor asserted that “the dismissal of this case is unfair” and applied for remedy to the Seoul Regional Labor Relations Commission.
On November 1, 2017, the Seoul Regional Labor Relations Commission accepted the Intervenor’s request for remedy on the ground that “the Intervenor constitutes an employee under the Labor Standards Act, and the Intervenor’s request for remedy is not acknowledged on the ground that there is no clear ground that the Intervenor violated the Plaintiff’s articles of incorporation (hereinafter “Articles of incorporation”).
On December 1, 2017, the Plaintiff applied for reexamination to the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the first inquiry court on February 1, 2018.
(hereinafter referred to as “instant retrial ruling”). 【No dispute exists, entry in Gap evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the decision on the retrial of this case is lawful
A. On August 22, 1986, an intervenor obtained a transportation permit for an individual cargo vehicle and operated it as the chairperson of the National Federation of Individual Freight Trucking Services from March 1992 to May 2002. 2) An intervenor was working as the chairperson of the National Federation of Freight Trucking Services at the time of election of the Plaintiff’s representative, who was around December 2014.
On February 26, 2015, representatives elected from the above election appointed C as the 8th president at the representative meeting of the Plaintiff. On March 2015, 2015, eight directors and two auditors were appointed at the general meeting of representatives.
3. Articles of incorporation, and 8 and 24.