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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
The intervenor in the process of the instant decision was established on June 25, 1987 and employs 160 full-time workers and mainly manufactures and sells industrial cooling and freezing equipment. The plaintiff is a person who was enrolled in the intervenor on May 15, 2014 and worked as a cook in the cafeteria.
On January 2015, the Plaintiff was notified that he will work only until the end of February on the ground that dietitian C, a person in charge of a cafeteria, was unable to work well and that the rent working together would force.
On March 1, 2015, the Plaintiff was subject to unfair dismissal. On May 21, 2015, the Plaintiff filed an application for remedy with the Gyeonggi Regional Labor Relations Commission (hereinafter “instant application for remedy”). Around that time, the Plaintiff filed a petition against the Intervenor on the ground of the failure to prepare a labor contract with the High Regional Labor Relations Commission.
On June 1, 2015, the intervenor ordered the plaintiff to return to work until June 8, 2015, if there was a lack of understanding of both parties.
On June 5, 2015, the Plaintiff sent an answer to the purport that the Plaintiff refused the order of return to work because it did not have any intention to unilaterally dismiss the intervenors, and it did not take any measures to prevent the occurrence of pressure and retaliation, etc. after reinstatement.
(1) On June 12, 2015, the Intervenor again ordered the Plaintiff to return to work until June 17, 2015 (hereinafter “the second order to return to work”). As to the order, the Plaintiff, on June 17, 2015, if the Intervenor wishes to return to work solely on his/her petition, must stop double attitudes, intimidation, and other measures to believe and practice one another, and on the same day, the Gyeonggi Regional Labor Relations Commission rejected the order to return to work, instead of an order to return to work.