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(영문) 서울행정법원 2018.06.12 2017구합79035
부당해고구제재심판정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff, including the part arising from the supplementary participation.

Reasons

1. Causes and contents of the decision in the retrial;

A. The Plaintiff is a company that employs approximately 80 full-time workers and engages in waste collection and transportation business in accordance with an entrustment agreement with C.

On August 5, 2013, the Intervenor joining the Plaintiff and engaged in the collection of recyclables from the detached Housing Team.

B. On January 25, 2017, the Plaintiff notified the intervenors of dismissal on February 1, 2017 on the ground that the grounds for disciplinary action, such as the list of grounds for disciplinary action, fall under Articles 12, 88, and Article 22 of the Rules of Employment of the Plaintiff and Article 22 of the collective agreement, as follows:

(hereinafter “instant dismissal”). On August 23, 2016, an intervenor, such as the act of impairing the reputation of the company subject to the grounds for disciplinary action against a violation of the Schedule, prepared a false statement on August 23, 2016, stating that “D did not work as an employee of the Plaintiff at around 2014,” and submitted it to E-measures, thereby impairing the reputation and undermining the credibility of the company, and had a company-related person undergo a police investigation, thereby obstructing the conclusion of “private service contract for the collection and transportation of recycled goods and for the operation of the Living Resource Recovery Center

(A) On December 30, 2016, the Plaintiff and the Intervenor dissatisfied with the legitimate instruction of the Plaintiff to refuse to prepare a labor contract and to induce other employees to refuse to prepare a labor contract, thereby hindering the Plaintiff’s business and interfering with the Plaintiff’s business, and protesting against the legitimate instruction of the Plaintiff, which stated that the Plaintiff would not instigate another employee to do so, during the training hours for the preparation of the labor contract.

(2) The grounds of the instant disciplinary action are as follows. The grounds of the instant disciplinary action are as follows: (a) together with the grounds of the instant disciplinary action 1.

On February 7, 2017, the Korean Union of Chemical Textiles Industry Trade (hereinafter “instant trade union”) to which the Intervenor and the Intervenor belong, asserts that “the instant dismissal constitutes unfair dismissal and unfair labor practices” to the Jeonbuk Regional Labor Relations Commission (the allegation that dismissal is limited to the Intervenor).

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