부당해고구제재심판정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the Plaintiff, including the part resulting from the participation.
The E-Gu workplace for protecting disabled persons (hereinafter “instant workplace”) is a vocational rehabilitation facility for disabled persons established on December 26, 1989 pursuant to the Act on Welfare of Persons with Disabilities and operated manufacturing business, etc.
On January 1, 2012, the Plaintiff entered the instant workplace and served as the team leader.
An intervenor is a corporation that was established on January 16, 2014 and ordinarily employs approximately 100 workers and operates the entrusted operation business of welfare facilities.
On December 28, 2017, the intervenor entered into an entrustment contract (contract period: from January 1, 2018 to December 31, 2022) with the E-gu Seoul Special Metropolitan City (hereinafter “E-gu”) on the facility management and operation of the workplace of this case and succeeded to the employment of the employees working at the workplace of this case, including the plaintiff, in accordance with the above contract.
The notice shall be given in advance as of October 14, 2018 due to the following reasons:
The relevant employee of the grounds for violation of Article 61(4) and (5) of the Regulations on the Personnel Management of the Regulations on the Regulations on the Regulations on the Regulations on the Management of the Regulations shall notify the Seoul Special Metropolitan City Human Rights Center for Persons with Disabilities of his/her dismissal according to a disciplinary decision because he/she has damaged the body or prestige of a facility by doing serious acts that undermine the public interest pursuant to the results of an investigation by the Human Rights Center for Persons with Disabilities (Violation of Article 59-9 (6),
On September 14, 2018, the Intervenor sent a notice of dismissal (hereinafter “pre-announcement of dismissal”) to the Plaintiff on the following grounds (hereinafter “instant misconduct”):
The plaintiff appealed and filed a petition for a retrial against the intervenor.
The Intervenor, on September 28, 2018, decided to hold a review personnel committee to dismiss the Plaintiff, and then, on October 16, 2018, notified the Plaintiff of the dismissal of the Plaintiff on October 27, 2018 due to the following reasons:
Article 61(4) and (5) of the Regulations on the Personnel Management of Applicable Provisions are reasons for violation.