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(영문) 서울고등법원 2016.06.17 2015누41847
부당해고구제재심판정취소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a worker who had been working at a welfare center for the aged at Daejeon Metropolitan City as an annex to the Welfare Center for the Aged (hereinafter “B center”) from August 13, 2010.

B. On October 30, 2012, the Plaintiff was dismissed from office at the B Center.

On December 20, 2012, the Plaintiff filed an application for unfair dismissal against the Intervenor, who is the branch of the Korean Senior Citizens Association of Korea (hereinafter “Korea Senior Citizens Association”), claiming that the Intervenor is the Plaintiff’s employer, and filed an application against the Intervenor for unfair dismissal. However, on February 13, 2013, the Chungcheongnamnam Labor Relations Commission rejected the said application.

On March 11, 2013, the Plaintiff filed an application for review of the above determination with the National Labor Relations Commission (hereinafter “China”), and on May 23, 2013, the Central Labor Relations Commission revoked the said determination and issued an order for remedy to the Intervenor on the ground that the dismissal made by the Intervenor constitutes an unfair dismissal.

The intervenor filed a lawsuit with the Seoul Administrative Court(2013Guhap55963) seeking the revocation of the above retrial ruling.

On December 13, 2013, the above court rendered a judgment dismissing the Intervenor’s claim, and the judgment became final and conclusive.

C. When the judgment became final and conclusive as above, C, the head of the B Center, notified the Plaintiff on December 23, 2013 of a personnel announcement stating that “the order to reinstate the original position” was issued.

On the same day, C notified the Plaintiff of the attendance of the personnel committee on December 30, 2013 that “I wish to be held by the personnel committee for disciplinary action against the Plaintiff.”

On December 30, 2013, the above personnel committee decided to dismiss the plaintiff, and the head of the B Center shall notify the plaintiff of the personnel order to dismiss the plaintiff on the same day.

D. D.

The plaintiff on March 28, 2014.

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