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(영문) 서울고등법원 2016.10.13 2016누51223
부당대기발령구제재심판정취소 청구의 소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

The court's explanation of this case is as follows, except for the addition of the judgment on the defendant's argument in the trial under Paragraph (2) below, and therefore, it is identical to the ground of the judgment of the court of the first instance. Thus, this case is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of

(1) The grounds alleged in the trial in the appeal by the Defendant do not differ significantly from the contents of the Defendant’s assertion in the first instance court except for the following claims under paragraph (2), and even if all evidence submitted in the first instance court are examined, the first instance court which rejected the Defendant’s claim, and the first instance court which accepted the Plaintiff’s claim is justifiable). In addition, the existence of a motion for remedy against unfair personnel order issued by the Defendant on May 18, 2015 is a request for remedy. However, through the content of the request for remedy, the existence of a motion for remedy against the instant personnel order was a request for remedy against the unfair standby order issued by the Labor Relations Commission. However, through the request for remedy, there are issues regarding the unfair dismissal from position, atmosphere, and transfer issued by the Defendant on February 1, 2015, and the subsequent personnel order issued on May 18, 2015, and there is still a matter of recovery from the original position even after the subsequent personnel issuance, and there is a need for remedy to the Intervenor through the procedure for remedy.

In the relief procedure, such as unfair dismissal through the Labor Relations Commission for the payment of the amount equivalent to wages, the dispute room can be issued more than judicial remedy through civil procedure. In addition, if the employer fails to comply with the payment order of the amount equivalent to wages, the employer may secure the effectiveness of the remedy order through the accusation system when the employer fails to comply with the final order, and most labor-related cases such as unfair dismissal.

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