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(영문) 대전지방법원 2016.04.21 2015구합102582
기타이행강제금부과처분취소
Text

1. On May 11, 2015, the Defendant revoked the imposition of a non-performance penalty of KRW 1,500,000 against the Plaintiff.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a press organization that employs more than 100 workers established on September 24, 1951 and publishes and sells newspapers. B is the head of the National Press Workers’ Union A branch, which is a photographer of the editing department employed by the Plaintiff on March 16, 2003 and the head of the National Press Union A branch.

B. On September 19, 2014, the Plaintiff made a defect in the measure of standby order against B, and on October 21, 2014, B and the Korea Press Workers’ Union made an application for remedy against unfair standby order and unfair labor practices to the Defendant.

On December 11, 2014, the Defendant rendered a judgment citing an application for remedy (hereinafter “instant judgment”) with the following content, and the original written judgment was served on the Plaintiff on January 13, 2015.

1. Recognizing that the instant employer’s standby order issued to the instant employee on September 19, 2014 was unfair and unfair labor practices.

2. The employer of the instant case will return the instant worker to his original position within 10 days from the date of receipt of the written award and pay the amount equivalent to the amount of wages which would have been paid if he had worked normally during the standby period.

3. The employer of this case shall post the written award on the bulletin board in the workplace for one week from the date of service of the written award.

C. On January 21, 2015, the Plaintiff filed an application for reexamination with the Defendant, and the Defendant rendered a ruling dismissing the Plaintiff’s application for reexamination on April 8, 2015.

On January 21, 2015, according to the Defendant’s decision of this case, the Plaintiff notified B of his return to the Editorial Department (hereinafter referred to as the Editorial Department) as of January 22, 2015, and posted the instant ruling on the intra-company bulletin board from January 13, 2015 to January 21, 2015, with the amount of KRW 50,000 per month out of the unpaid benefits of KRW 2,652,00,00 per month, photographic holiday work allowances, KRW 86,00 per month, fuel expenses subsidies, and KRW 2,50,000 per month, and other unpaid benefits and other accounts due during the standby period.

E. On April 7, 2015, the Defendant failed to comply with an order for remedy for unfair dismissal by the Plaintiff within the implementation date.

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