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(영문) 서울행정법원 2016.09.22 2015구합77776
부당대기발령 구제재심판정 취소의 소
Text

1. On September 10, 2015, the National Labor Relations Commission issued an unfair atmosphere against the Plaintiff and the Defendant’s Intervenor, 2015.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff of the parties, etc. is a company established around February 28, 1968 and running an overseas construction business.

The Intervenor Intervenor B and D entered the Plaintiff around December 8, 2008, and the Intervenor C entered the Plaintiff on January 2, 2009 and performed the work of developing the Plaintiff’s EspP and Co., Ltd. from around that time.

B. The Intervenor’s membership 1) The Intervenor is originally Co., Ltd. E (hereinafter “E”).

The Intervenor B served as the deputy head in charge of the development of the EP system from August 9, 200 to December 2, 2008. The Intervenor C worked as a director in charge of the development of the EP system from October 2000 to December 2008. The Intervenor D worked as an employee in charge of the EP (ASP and program leasing) operation from September 2006 to November 12, 2008 and the EP development. The Plaintiff was originally planned to build the EP system to commission the services to the external company, but the program was modified to develop it by itself.

Accordingly, as seen earlier, the Plaintiff recruited the Intervenor around December 8, 2008 or around January 2, 2009, and had the Intervenor take charge of the overall duties of the Intervenor B, the Intervenor, the Intervenor C, and the Intervenor D, the program operation, network, and website management.

C. The intervenors entered the Plaintiff and developed the Plaintiff’s e-mail system. However, the intervenors developed the system by referring to E’s data that were returned or not discarded while leaving the system in the process of developing the said system. 2) The intervenors around April 2010.

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