logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.01.21 2015구합70249
부당해고구제재심판정취소
Text

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.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company which ordinarily employs not less than 20 workers and engages in the manufacturing and installation business of industrial routes.

On July 12, 2010, an intervenor registered as an internal director on the corporate register of the plaintiff and completed the mid-term registration on July 12, 2013.

B. On September 17, 2014, the Plaintiff held a special general meeting of shareholders and resolved to dismiss the Intervenor.

C. On November 28, 2014, the Intervenor asserted that the Plaintiff’s dismissal of himself constitutes an unfair dismissal, and filed an application for remedy against unfair dismissal with the Chungcheong Regional Labor Relations Commission. On March 26, 2015, the Chungcheong Regional Labor Relations Commission dismissed the Intervenor’s application for remedy on the ground that the Intervenor did not constitute a worker under the Labor Standards Act and did not constitute a party’s qualification.

On April 20, 2015, an intervenor dissatisfied with the initial inquiry court and applied for reexamination to the National Labor Relations Commission on April 20, 2015. On June 19, 2015, the National Labor Relations Commission revoked the initial inquiry court on the ground that the intervenor constitutes a worker under the Labor Standards Act and that the dismissal of the intervenor constitutes unfair dismissal, and received a request for remedy from the intervenor.

(hereinafter referred to as “instant decision by reexamination”). / [Ground of recognition] A without dispute, each entry in Gap evidence Nos. 1, 2, 3, and 4, and the purport of the entire pleadings

2. Whether the decision on the retrial of this case is lawful

A. The plaintiff's assertion that ① the intervenor was registered as the plaintiff's internal director in the corporate register, ② the intervenor attended several times as a director of the plaintiff's board of directors and exercised voting rights, ③ the plaintiff's shareholders' general meeting, which is the parent company of the plaintiff, also attended several times. ③ The intervenor led the conclusion of the contract by determining the contract amount, the terms of the contract, and signing and sealing on the contract with other companies. ④ The intervenor pre-determined the disbursement resolution and the business trip, the application for holiday work by the plaintiff's workers, the application for annual leave, and the application for on-site work. ⑤ The intervenor is more than the other workers.

arrow