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(영문) 서울행정법원 2016.09.22 2016구합1738
부당해고구제재심판정취소
Text

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

1. Details of the decision on retrial;

A. The intervenor employs 7 full-time workers and operates an individual company under the trade name of “C”.

B. The Intervenor performed the instant construction work with a contract for the Fire Fighting Corporation and E-power plant construction work (hereinafter “instant construction work”) from the United Nations case, and the Plaintiff was in charge of the management work at the construction site of the instant case.

C. On July 15, 2015, the Plaintiff asserted that the Intervenor was subject to unfair dismissal from the Intervenor, and filed an application for remedy with the Gangwon Regional Labor Relations Commission. However, on September 11, 2015, the Gangwon Regional Labor Relations Commission rejected the Plaintiff’s application for remedy by deeming that the Intervenor is not the Plaintiff’s employer.

On October 14, 2015, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission. On January 14, 2016, the National Labor Relations Commission dismissed the Plaintiff’s application for remedy by deeming that the Intervenor was an employer but was not dismissed.

(hereinafter referred to as “instant decision on reexamination”). 【No dispute exists, entry of evidence Nos. 1 and 4, and the purport of the whole pleadings.”

2. Whether the decision on the retrial of this case is lawful

A. On July 3, 2015, the Plaintiff asserted that the Intervenor dismissed the Plaintiff by notifying the dismissal on July 3, 2015.

Therefore, the decision on review of this case, which was rendered on a different premise, is unlawful.

B. 1) The F is a team consisting of approximately twenty experts necessary at the construction site of the power plant (hereinafter “instant team”).

(2) The team of this case participated in the construction site of the power plant constructed by Sung Chang C&C Co., Ltd., and entered into an employment contract with Sung Chang C&C and worked at the construction site of the same power plant. The Plaintiff was a member of the instant team upon introduction by G, who was a member of the instant team.

3 F means that the Intervenor was awarded a contract for the instant construction work in July 2014.

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