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(영문) 서울행정법원 2019.05.31 2018구합5406
부당해고구제재심판정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. On July 1, 2015, an intervenor is operating as a representative by establishing a C Hospital, which is a rehabilitation specialized hospital.

The Plaintiff entered into a pilot contract with the Intervenor during the contract period from October 10, 2017 to January 9, 2018, and was on the part of the nursing worker who entered the C Hospital and was on the part of the nursing worker, and was refused to be employed as a principal agent upon notification of the expiration of the pilot contract.

B. The Plaintiff asserted that “the Intervenor’s refusal of this employment on January 10, 2018 constitutes an unfair dismissal” and filed an application for remedy with the Seoul Regional Labor Relations Commission, but the Seoul Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that the refusal of this employment was justifiable on March 8, 2018.

Seoul 2018 fatheru75) c.

On June 15, 2018, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the ground that the rejection of employment as seen above was justifiable.

(Central 2018 Annexed 374, hereinafter referred to as “instant decision on reexamination”). / [Grounds for recognition] / [In the absence of any dispute, each entry in Gap evidence 1, 2, Eul evidence 2, 5, Eul evidence 1, 3, 4, 5 (if any, including the number number), and the purport of the whole pleadings.

2. The defendant and the intervenor asserted that the lawsuit of this case was unlawful because they were filed after the lapse of the period for filing the lawsuit of this case.

According to Article 31(2) and (3) of the Labor Standards Act and Article 27(1) of the Labor Relations Commission Act, an employer or employee who is dissatisfied with a decision made by the Central Labor Relations Commission for reexamination shall file an administrative litigation within 15 days from the date of receipt of the written decision made by the reexamination, and if an administrative litigation is not filed within this period,

However, according to the purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 and the whole purport of the arguments, the court below held that Eul was appointed as the plaintiff's agent in the procedure of applying for reexamination filed by the plaintiff, and that the National Labor Relations Commission sent the decision of this case on July 9, 2018.

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