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(영문) 대전지방법원 2018.08.30 2017구합107277
이행강제금부과처분취소
Text

1. The Defendant’s disposition of imposing KRW 9,00,000,000 on the Plaintiff on September 19, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. Around January 2017, the Plaintiff, a company conducting a general management business of buildings and facilities, entered into a service contract with the Korea Atomic Energy Research Institute located in Daejeon Seosung-gu to provide cleaning services. At the time of the said contract, the Plaintiff agreed to succeed to an employment contract with workers employed by the Korea Atomic Energy Research and Development Institute, a former service business entity, a Korea Atomic Energy Research and Development Institute, to conduct cleaning services.

B. Accordingly, the Plaintiff entered into an employment contract with the employees employed by Korea Comprehensive Management Corporation, but did not enter into an employment contract with 12 workers, including A and B (hereinafter “instant workers”).

C. On March 15, 2017, the instant workers filed an application for remedy against the Plaintiff on the ground that the refusal to succeed to employment constitutes unfair dismissal, and the Defendant rendered an order for remedy on May 15, 2017 to the Defendant that “the refusal of employment succession by the Plaintiff to the Intervenor on March 1, 2017 is unfair. Within 30 days from the date of receipt of the written ruling, the Plaintiff issued an order for remedy that “the refusal of employment succession by the Plaintiff to the Intervenor on March 1, 2017 shall be deemed unfair.” The Plaintiff issued an order for remedy that “the Plaintiff would return the Intervenor to the original position, and pay the amount equivalent to

(hereinafter “instant remedy order”). On June 21, 2017, the Plaintiff filed an application for reexamination with the National Labor Relations Commission on June 21, 2017, but was determined to dismiss the application for reexamination on August 24, 2017.

On September 17, 2017, the Defendant imposed the enforcement fine of KRW 9,500,000 on the Plaintiff on the ground that the Plaintiff failed to comply with the instant order for remedy, thereby imposing the enforcement fine of KRW 4,500,000 on each of the instant workers.

(hereinafter “instant disposition”). [The grounds for recognition: Gap’s evidence Nos. 1, 3, 4, 5, and Eul’s evidence Nos. 6 and 9]

2. The plaintiff's summary of the plaintiff's assertion made efforts to return the workers of this case to the Korea Atomic Energy Research Institute, but the Korea Atomic Energy Research Institute rejected them.

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