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(영문) 대구지방법원 2018.08.23 2018가합200116
해고무효확인
Text

1. It is confirmed that the Defendant’s dismissal of the Plaintiff on July 12, 2014 against the Plaintiff is null and void.

2. The Defendant on July 2, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are corporations that employ ten full-time workers and operate C (at present, changed to D’s name), a residential facility for persons with severe disabilities (at present, changed to D’), and the Plaintiff is a person who was employed by the Defendant and worked as a life instructor around January 21, 2014.

B. On March 3, 2014, the Defendant: (a) held the first personnel committee on March 3, 2014 to decide to terminate employment due to the Plaintiff’s poor working attitude, lack of work ability, etc.; and (b) passed a resolution on March 3, 2014 to terminate employment.

3. As of July, the Plaintiff was subject to disciplinary action (hereinafter “previous dismissal”).

Accordingly, on April 9, 2014, the Plaintiff asserted that the previous dismissal disposition was unfair and applied for remedy to the Gangwon Regional Labor Relations Commission, and on June 9, 2014, the Gangwon Regional Labor Relations Commission rendered a judgment ordering payment of the amount equivalent to wages during the period of reinstatement and dismissal (hereinafter “previous remedy order”), recognizing that the previous dismissal disposition is unfair and unfair, on the ground that “the Defendant employed the Plaintiff as a regular employee without having agreed on the period of dismissal, but the dismissal of the Plaintiff without following lawful procedures, such as written notification, and there is no details proving the grounds for dismissal.”

2 The defendant reinstated the plaintiff according to the previous order for remedy on July 1, 2014, but the same year.

7. 10. The same year after holding the disciplinary committee;

7. On December 12, 196, notified the Plaintiff that he would refuse to employ regularly.

(2) On October 10, 2014, the Plaintiff filed an application for remedy with the Gangwon Regional Labor Relations Commission (Seoul Regional Labor Relations Commission) on October 10, 2014, asserting that the instant dismissal is unfair, and on January 28, 2015, the Gangwon Regional Labor Relations Commission (Seoul Regional Labor Relations Commission) did not specifically prove the grounds for dismissal.

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