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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
Reasons
1. Details of the decision on retrial;
A. The Plaintiff is a corporation that engages in the business of manufacturing, assembling, manufacturing, and exporting and importing motor vehicle parts with approximately forty regular workers.
An intervenor is a person who became a member of the plaintiff on March 15, 2016 and has been in charge of the supply and management of the trading company under the business management department.
▣ 휴직발령(명령) 사유
1. Personal injury and disease: D's opinion on July 18, 2018, stating that "it is desirable to avoid outdoor activities and stress which are difficult to due to blood transfusions, due to blood transfusions, it is required to observe and treat approximately two weeks in the form of a severe dynamics with an appraisal." As of August 19, 2018, E Hospital Mental Health Doctor's opinion (explations are limited to the contents of the opinion that the person in question does not want to submit) is somewhat difficult to perform the business of supplying and managing the company he/she is assigned, and will issue a leave order in accordance with the written opinion of his/her opinion of opinion submission.
2. Therefore, at any time during the period of temporary retirement, the above person’s statement of opinion that there is no problem about the person’s continuous performance of his/her duties at any time, and the person’s reimbursement during the period of temporary retirement is treated as unpaid under the Labor Standards Act.
B. On August 23, 2018, the Plaintiff issued an order of temporary retirement for three months from August 24, 2018 to November 23, 2018 (hereinafter “instant order of temporary retirement”) to the intervenors on the following grounds:
▣ 자연퇴사 처리 사유 및 통보
1. He/she ordered temporary retirement as of July 18, 2018 on the ground of D’s medical opinion as of July 18, 2018 and the E Hospital’s mental health department as of July 19, 2018 to August 17, 2018;
2. At any time during the period of leave of absence (from August 24, 2018 to November 23, 2018), there is a problem that the said person continues to perform his/her duties with respect to his/her current injury and disease (written opinion) at any time.