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(영문) 서울행정법원 2013.12.03 2013구합12485
부당해고구제재심판정취소
Text

1. On March 27, 2013, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Defendant’s Intervenor.

Reasons

On March 20, 2012, including the date of joining the Plaintiff who is a corporation operating the taxi transport business, etc. using more than 200 full-time workers of the defendant assistant intervenor (hereinafter referred to as "the intervenor"), an application for reexamination of the contents of the decision to dismiss the application for reexamination of the decision to dismiss the application for dismissal on September 14, 2012 (see evidence A 1; hereinafter referred to as "the decision to review of this case") by accepting the intervenor's recommendation and voluntarily resign from the position of the intervenor. Thus, it is difficult to find that the plaintiff voluntarily resigned from the position of the intervenor, without any further determination as to the legitimacy of the dismissal, there is no ground for the plaintiff's application to review without any justifiable ground, Gap 1, and 2, and the purport of

1. Details of the decision on retrial;

2. Whether the decision on the retrial of this case is lawful

A. The plaintiff's assertion that the plaintiff did not work for the plaintiff, stating that the plaintiff's regular director C does not work like the plaintiff, and did not work for the plaintiff without permission.

In addition, absence from office is defined as a ground for dismissal under Article 80 of the Rules of Employment, so the intervenor must undergo disciplinary procedures provided for in Article 81, but the intervenor notified the plaintiff of his oral dismissal without going through it.

Therefore, the judgment of the retrial of this case is unlawful on a different premise.

(b) Article 23 (Restrictions on Dismissal, etc.) (1) of the Labor Standards Act provides that an employer shall not dismiss, lay off, suspend, transfer a worker, reduce wages, or take other disciplinary measures (hereinafter referred to as "unfair dismissal, etc.") without justifiable grounds.

Article 40 (Exemption from Office)

1. When a driver desires to be absent from work due to illness, injury, or any other unavoidable cause, he/she shall obtain approval from the company in writing at least three days prior to the commencement of work, and when intending to be absent from work due to the outbreak or injury of the company, he/she shall contact the company without delay and obtain approval from the company within twenty-four hours after the commencement of work;

3...

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