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(영문) 서울행정법원 2014.02.13 2012구합43864
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The circumstances leading to the decision on reexamination of this case

A. The Plaintiff is a company that employs more than 200 full-time workers and engages in the manufacture and sale of electricity, electronic parts, and materials, and the Intervenor is a worker who works for the Plaintiff Company.

B. On November 14, 201, the Plaintiff and A trade union (hereinafter “trade union”) agreed with the following contents regarding the implementation of honorary retirement.

1. Implementation period: All the employees; from November 18, 201 to November 24, 2011;

3. Number of persons to recruit voluntary retirement: approximately 100 persons;

4. Honorable retirement date: From November 30, 201 to 20 years of age, between 350 and 1.5 years of age, to 1.5 years of age, between 20 to 20 years of age, to 1.5 years of age, to 10 years of age, between 10 to 15 years of age, to 10 years of age, between 10 to 15 years of age, to 240 years of age, between 10 to 15 years of age, to 15 years of age;

5. Details of honorary retirement consolation benefits: Standard of average wage, reflection of the number of years of service and age, and standard of the date of retirement;

C. At the time from November 18, 201 to November 24, 2011, the Plaintiff held an interview related to voluntary retirement for 156 production workers among 228 employees belonging to the Plaintiff (including 4 executives, 2 advisers, 5 members of the labor union and 5 members of the secretariat, 14 employees of the restaurant, and 14 employees of the guard).

Plaintiff

Among the employees under his/her jurisdiction, 214 persons, excluding the total number of 14 employees, including the executives, advisers, the chairperson of a trade union, the secretary general, the restaurant workers, and the guards (228 employees - 14 employees), including the intervenors, submitted a written statement containing that the Plaintiff does not raise a civil or criminal objection against the Plaintiff, such as a written application for voluntary retirement, resignation, and the Plaintiff’s output in the same form.

E. On November 29, 201, the Plaintiff, among 209 persons who applied for voluntary retirement, selected 79 persons, including intervenors, as persons eligible for voluntary retirement, and notified on November 29, 201 that he/she accepted the written resignation as of November 28, 201 (hereinafter “instant voluntary retirement”).

F. The intervenors, on February 22, 2012, objection to the Gangwon Regional Labor Relations Commission.

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