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(영문) 서울행정법원 2015.06.18 2015구합2161
부당전보및대기발령구제재심판정취소
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1. The National Labor Relations Commission’s unfair transfer from December 19, 2014 between the Plaintiff and the Defendant’s Intervenor, and the unfair transfer from December 19, 2014.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) was established on March 7, 2007 and was engaged in multi-family housing management business, etc. with the head office located in the center of Yongsan-gu, Yongsan-gu, Busan-gu, 171 Hyundai Friman 318 and 319.

On October 21, 2013, the Plaintiff entered the Btel located in Busan Shipping Daegu (hereinafter referred to as “Btel”) and worked as the Director of the Management Office in Btel around that time.

The Intervenor was designated as a successor management service company in December 2013, since Ss. S. S. S. Company had only management services for Btels.

The intervenor decided to succeed to the employment of workers who worked in Btel.

Accordingly, in December 2013, the intervenor entered into a labor contract with the Plaintiff during the period of labor contract from December 1, 2013 to November 30, 2014.

The Plaintiff continued to work in Btel in accordance with the above labor contract as the managing director.

B. The Intervenor dismissed the Plaintiff on January 16, 2014.

On March 27, 2014, the Plaintiff filed an application for remedy for unfair dismissal with the Busan Regional Labor Relations Commission.

On May 23, 2014, the Busan Regional Labor Relations Commission rendered an order of remedy to recognize that the dismissal of an intervenor is unfair, and to order the intervenor to return the plaintiff to his original position and to pay the amount equivalent to the wages that could have been paid if the intervenor had worked normally during the period of dismissal to the plaintiff.

On June 23, 2014, the intervenor filed an application for reexamination with the National Labor Relations Commission regarding the above determination.

However, on September 16, 2014, the National Labor Relations Commission rendered a decision to dismiss the Intervenor's above motion for review.

C. On July 21, 2014, the Intervenor is subject to the order of remedy issued by the Busan Regional Labor Relations Commission.

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