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(영문) 서울행정법원 2017.11.09 2016구합83112
부당해고 및 부당노동행위 구제 재심 처분취소
Text

Of the instant lawsuits, the part on the claim for confirmation of unfair dismissal and unfair labor practices and payment of the amount equivalent to the original reinstatement and wages.

Reasons

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

A. The Defendant Intervenor’s Intervenor (hereinafter “ Intervenor”) is a company providing city bus passenger transportation services, employing approximately 140 full-time workers.

B. On November 15, 2013, Plaintiff A joined the Intervenor as a contracting crew member and retired from the contract on November 14, 2014.

Plaintiff

A entered into an employment contract with an intervenor on December 29, 2014 under which the term of the contract was “from January 2, 2015 to January 1, 2016” (hereinafter “instant employment contract”) and entered the intervenor again on January 2, 2015 and served as a crew member.

C. The Plaintiff’s Democratic Bus Trade Union (hereinafter “Plaintiff’s trade union”) has a Doc Transport Branch for the Intervenor’s workers organized under the nationwide industrial trade union.

Plaintiff

The Doha Transportation Branch Council of the Trade Union is about 50 members. D.

On December 19, 2015, the Intervenor notified Plaintiff A that the term of the instant employment contract is terminated (hereinafter “the notice of the termination of the instant employment contract”) on January 1, 2016.

E. On December 21, 2015, the Intervenor held a review committee on re-contracts with Plaintiff A, and the re-contracts with Plaintiff A was inappropriate on the grounds that Plaintiff A’s civil petition causes, concerns over traffic accidents, etc.

F. On March 29, 2016, the Plaintiffs filed an application for remedy with the Incheon Regional Labor Relations Commission, asserting that the notification of the expiration of the instant employment contract constituted unfair dismissal against Plaintiff A and unfair labor practices against the Plaintiffs.

On May 9, 2016, the Incheon Regional Labor Relations Commission ruled to dismiss the above request for remedy.

G. On May 27, 2016, the Plaintiffs filed an application for reexamination seeking the revocation of the said determination with the National Labor Relations Commission. On October 28, 2016, the National Labor Relations Commission rendered a ruling dismissing the said application for reexamination (hereinafter referred to as “instant reexamination ruling”). [In the absence of any dispute over the grounds for recognition, A.

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