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(영문) 대전지방법원 2021.01.20 2019구합106988
부당해고등구제재심판정취소
Text

All of the plaintiffs' claims are dismissed.

All costs of lawsuit shall include the parts resulting from the participation in the subsidy.

Reasons

1. Details of the decision on retrial;

A. 1) The intervenor is a legal entity established on February 4, 1981 and engaged in the taxi transport business by using approximately 150 workers. The plaintiff A is a corporation that operated the taxi transport business, the plaintiff B is on April 19, 200, the plaintiff C is on December 19, 2012, the plaintiff C is on March 12, 2012, and the plaintiff D works as a taxi driver on June 4, 2001 (hereinafter the above plaintiffs collectively referred to as "the worker of this case"). The plaintiff E-trade union (hereinafter referred to as "the plaintiff union") was established on November 30, 2016, and established a nationwide industrial trade union consisting of public, transportation and social service workers, and the worker of this case, including the intervenor of this case.

B. On January 17, 2019, the instant notice intervenor notified the instant workers of the purport that “in accordance with Article 42-1 (Retirement Age) of the Organization Convention of 2018, the Intervenor would become retirement from office as of February 26, 2019” (hereinafter “instant notice”). C.

On March 13, 2019, the Plaintiffs filed an application for remedy with the former North Regional Labor Relations Commission on the ground that the Intervenor’s notification of this case constitutes unfair dismissal and unfair labor practices.

On May 9, 2019, the former North Regional Labor Relations Commission formed the right to expect renewal to the instant workers to be re-employed in a commissioning position after their retirement, and recognized that the instant notification was unfair on the ground that there was no reasonable ground for the refusal to renew the report to the intervenors, and sought an application for remedy against unfair labor practices.

2) The Plaintiffs and intervenors appealed and filed an application for review with the National Labor Relations Commission, and the National Labor Relations Commission formed a renewal expectation right that the instant workers will be re-employed at a commissioned position after retirement on August 14, 2019.

§ 23.

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