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(영문) 서울행정법원 2014.03.27 2013구합12669
부당해고구제재심판정취소
Text

1. The National Labor Relations Commission’s dismissal on April 8, 2013 between the Plaintiff and the Defendant joining the Defendant is unfair.

Reasons

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

A. The Plaintiff is a corporation with the purpose of engaging in C-related broadcasting business using 130 full-time workers. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a person who joined the Plaintiff on March 11, 1996 and works as a producer of radio production department (PD) from December 1, 201 to December 1, 201.

B. On August 30, 2012, the Plaintiff: (a) held a personnel committee for the Intervenor to dismiss the Intervenor (hereinafter “instant personnel committee”); and (b) notified the Intervenor on September 4, 2012, on the grounds that the Intervenor violated his/her duty by receiving money and valuables for several years from Daehan and Daehan; and (c) reported such unlawful media to the Plaintiff’s honor; and (d) held a resolution to dismiss the Intervenor (hereinafter “instant personnel committee”); and (e) notified the Intervenor on September 4, 2012

(hereinafter “instant dismissal disposition”). C.

The Intervenor filed an objection against the instant dismissal on September 7, 2012 with the Plaintiff, but the Plaintiff, on September 11, 2012, held a review personnel committee and dismissed the Intervenor’s objection. D.

On October 8, 2012, the Intervenor asserted that the instant dismissal disposition constitutes an unfair dismissal, and filed an application for unfair dismissal with the Seoul Regional Labor Relations Commission (No. 2012da2346), and on November 28, 2012, the Seoul Regional Labor Relations Commission ruled to dismiss the Intervenor’s application for remedy on the ground that the instant dismissal disposition does not constitute unfair dismissal.

E. On January 2, 2013, the Intervenor dissatisfied with the foregoing initial inquiry court, filed an application for reexamination with the National Labor Relations Commission on January 2, 2013 (hereinafter collectively referred to as “instant initial inquiry court”); on April 8, 2013, the National Labor Relations Commission rendered a judgment accepting the Intervenor’s application for reexamination on the ground that the instant dismissal disposition was illegal as a procedural defect and constitutes unfair dismissal (hereinafter referred to as “instant reexamination decision”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 7 through 9, and Gap evidence 11.

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