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(영문) 서울행정법원 2015.04.09 2015구합50177
기타이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Real Transport Co., Ltd. (hereinafter “New Transport”) is a company running the taxi passenger transport business from October 31, 1985.

On April 18, 2014, the new transport was decided by Jeju District Court 2014 Ma3, and now the rehabilitation procedure is in progress and A was appointed as a manager of the new transport.

B. B entered on December 1, 2006 and served as a taxi driver.

When entering into a labor contract on March 26, 2007, the Telecommunication & B agreed that “one day work hours shall be eight hours per day, and 50,000 won per day shall be paid to Telecommunication with transport income and the remainder of transport income shall be acquired.”

C. B asserted that the chemical traffic was unfair on October 1, 2013, and filed an application for remedy with the Jeju Special Self-Governing Province Regional Labor Relations Commission. On March 26, 2014, the Jeju Special Self-Governing Province Regional Labor Relations Commission ruled to dismiss the application for remedy with B.

B Objecting to the above initial inquiry court on April 18, 2014, the Defendant filed an application for reexamination with the Defendant on June 24, 2014, and the Defendant rendered a decision that “The dismissal against the chemical transport on October 1, 2013 is unfair, and the chemical transport made a payment of the amount equivalent to the wages that could have been received if the new transport was reinstated B to its original position and worked during the period of dismissal within 30 days from the date of receipt of the written decision on reexamination.”

(hereinafter referred to as “instant remedy order”). (e)

On September 30, 2014, the Defendant issued a disposition imposing a charge for compelling compliance KRW 5 million on the ground that “new transport did not comply with the instant order for remedy.”

hereinafter referred to as "disposition of this case"

(i) [In the absence of dispute over the grounds for recognition, evidence No. 1-2, evidence No. 1-2, evidence No. 3-2, each entry, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On August 11, 2014, the Plaintiff’s allegation 1, sent a notice of reinstatement to B on August 11, 2014, and the notice was sent to B on August 23, 2014, due to reinstatement to B on the Ministry of Communications.

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