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(영문) 서울행정법원 2018.07.19 2017구합67827

부당해고구제재심판정취소

Text

1. On May 11, 2017, the Central Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff was established on January 1, 1987 and operated an insurance sales business, etc. with a head office of about 800 workers at all times in Jongno-gu Seoul Metropolitan Government C building.

B. On July 1, 2016, the Intervenor joining the Intervenor (hereinafter “ Intervenor”) as the head of the Plaintiff’s product book keeping team and entered the following in English and Korean language, but omitted in English.

the contract was concluded.

(hereinafter referred to as “instant employment contract”) . 1. The period of probation shall be applied for three months from the date the probationary period begins, and the Plaintiff has the authority to extend the period of probation.

During the period of training, the Intervenor’s employment contract with the Plaintiff is unreasonable due to the Intervenor’s technical, insufficient working contents, inappropriate character or attitude or other business defects (sktill or caracter, attude, busi business proprietor).

(unitfit management for the plaintiff may terminate this contract without prior notice and other compensation measures.

In such cases, the plaintiff has only the obligation to pay benefits according to the number of working days of the intervenor.

C. On September 23, 2016, the Plaintiff notified the Intervenor of the termination and refusal of the instant employment contract based on Article 1 of the instant employment contract for the following reasons:

(hereinafter referred to as the “Notification of Refusal of Employment”). Despite the fact that he is in charge of the duties of the product interest team leader who shall obtain the results through the trust relationship with the officers in direct superior officers and the cooperation with other teams, it is difficult for the team leader to smoothly carry out their duties and performance performance in the future due to the shortage of the team leader’s leadership and communication capacity, as follows, because of the failure to form cooperative relations with the officers in direct duties and officers in direct service and in conflict, during the process of performing their duties.