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(영문) 서울행정법원 2016.10.28 2016구합52439
부당해고구제재심판정취소
Text

1. On December 21, 2015, the National Labor Relations Commission’s Central Labor Relations Commission (hereinafter “National Labor Relations Commission”) between the Plaintiffs and the Intervenor joining the Defendant, and H Hospital 2015.

Reasons

On March 2, 2015, the Plaintiffs are ordinarily engaged in medical services using approximately 40 workers under the trade name of H Hospital (hereinafter “instant hospital”). The intervenors are those who were employed by H Hospital around March 1, 2015.

(In December 2014, the Intervenor C took part in the preparation of the instant hospital’s opening. The Intervenor C, E, and F took part in the preparation of the instant hospital. On July 1, 2015, the Intervenor D, and G filed an application for unfair dismissal with the former Regional Labor Relations Commission on July 21, 2015, respectively. The Intervenor filed an application for monetary compensation order in lieu of the original position with the former Regional Labor Relations Commission on July 21, 2015. The former Southern Regional Labor Relations Commission on August 25, 2015, filed an application for monetary compensation order in lieu of the original position with the former Regional Labor Relations Commission on July 21, 2015. The Intervenor E, F, D, and G (hereinafter referred to as the Intervenor E, etc.)

The order of attendance to the Intervenor issued to the Intervenor was not genuine to recover the employment relationship, and there is a defect in the procedure of the dismissal of the Intervenor C, E, F, and G, and the dismissal of the Intervenor D constitutes an unfair dismissal due to the absence of justifiable grounds, and the Plaintiffs ordered the Intervenor C to pay KRW 16,078,210 to the Intervenor C, KRW 8,24,50 to the Intervenor E, KRW 7,319,570 to the Intervenor F, KRW 5,450 to the Intervenor D, KRW 5,09, and KRW 4,069,430 to the Intervenor G, respectively, for the reason that the dismissal of the Intervenor D constitutes an unfair dismissal due to the absence of justifiable grounds.

On September 11, 2015, the Plaintiffs appealed and applied for reexamination to the National Labor Relations Commission, and the National Labor Relations Commission dismissed the Plaintiffs’ application for reexamination on the same grounds as the previous Southern Regional Labor Relations Commission.

hereinafter referred to as "the decision of review of this case"

(2) The lower court’s determination on the retrial of this case as to the Plaintiffs’ assertion as to the legitimacy of the instant ruling on retrial of this case is justifiable, without any dispute over the grounds for recognition, as to the entry of evidence Nos. 1 and 2, and the purport of the entire pleadings.

The plaintiffs shall work to the intervenors without knowing that the intervenors applied for monetary compensation order.

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