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(영문) 대전지방법원천안지원 2016.05.20 2015가합101866
해고무효확인
Text

1. The Defendant’s dismissal against the Plaintiff on December 23, 2013 confirms that it is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is a corporation that employs 85 full-time workers in Asan City and establishes and operates a D Hospital. The plaintiff has been employed by the defendant around June 16, 1996 and has served as the treatment of the head of accounting division.

B. On January 11, 2011, the Defendant dismissed the Plaintiff on the ground of the grounds of the attached disciplinary reasons (hereinafter “instant prior dismissal”).

C. On February 16, 2011, the Plaintiff filed an application for remedy against unfair dismissal with the Chungcheong Regional Labor Relations Commission, and the Chungcheong Regional Labor Relations Commission accepted the Plaintiff’s application for remedy on April 1, 2011, and the Defendant filed an application for remedy, but the National Labor Relations Commission dismissed the Defendant’s application for reexamination on June 29, 201.

Accordingly, the defendant filed a lawsuit to revoke the adjudication court on relief against unfair dismissal (Seoul Administrative Court 201Guhap25135), and the above court dismissed the defendant's claim on March 22, 2012 on the ground that the plaintiff was found to have a certain disciplinary cause but was unfair in the procedure of a disciplinary decision, and the Seoul High Court in the appellate court (Seoul High Court 2012Nu10668) on November 15, 2012 (Seoul High Court 201Nu1068), although the prior dismissal procedure in this case is lawful and certain disciplinary causes are recognized, the appellate court determined that the grounds in the attached Form 1 are recognized as grounds for disciplinary cause, but the reasons in the attached Form 2 shall not be considered as grounds for disciplinary action, and (3) shall not be considered as grounds for disciplinary action.

On March 14, 2013, the judgment of the court of first instance became final and conclusive as the defendant's appeal was dismissed.

After that, on December 13, 2013, the Defendant filed a request for retrial to the Seoul High Court for the revocation of the said appellate judgment and the first instance judgment, and the revocation of the review decision by the National Labor Relations Commission (No. 2013Nu353), but the said court did not have any grounds for retrial on September 3, 2014.

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