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(영문) 대전지방법원 2014.12.17 2014구합100527
부당해고 등 및 부당노동행위구제재심판정취소 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

The plaintiff is a corporation established on July 1, 2003 as a non-profit corporation under the jurisdiction of the Ministry of Employment and Labor based on the Act on the Establishment and Operation of Public Interest Corporations and operated D business with approximately 47 employees.

The Intervenor B (hereinafter referred to as the “ Intervenor B”) entered the Plaintiff on June 5, 2006 and worked as the team leader at the E team. The Intervenor C (hereinafter referred to as the “ Intervenor C”) entered the labor contract with the Plaintiff from the same date until July 31, 2013, which was concluded on August 1, 2011, and entered into a contract with the Plaintiff as a contractual worker and worked as the F Team on July 31, 2013.

A disciplinary intervenor C was subject to a disciplinary action for one month of salary reduction on May 10, 2013 by the Plaintiff for a failure to perform duties, etc., and B was subject to a disciplinary action for two months of salary reduction on May 13, 2013. The said disciplinary action against B was mitigated by one month of salary reduction during the review procedure held on June 7, 2013.

On July 17, 2013, the Plaintiff’s refusal to convert to regular employment was rejected by the personnel committee for the Intervenor C’s regular employment. On July 18, 2013, the Plaintiff notified the Intervenor C of the termination of the labor contract as of July 31, 2013.

1) The Seoul General Trade Union (hereinafter “instant trade union”) to which the intervenors and intervenors belong.

The branch of this case (hereinafter referred to as the “branch of this case”)

(2) On August 9, 2013, the Seoul Regional Labor Relations Commission filed an application for remedy with the Seoul Regional Labor Relations Commission by asserting that each salary reduction disposition against the Intervenor and the refusal to convert the Intervenor C to regular workers is an unfair disciplinary action and unfair unfair and unfair handling of interest and disadvantage. (2) On October 7, 2013, the Seoul Regional Labor Relations Commission recognizes the grounds for disciplinary action against the Intervenor, but imposes disciplinary action upon the Intervenor C, and the refusal to convert the Intervenor C to regular workers is unfair because there is no reasonable ground.

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