logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.04.06 2016구합6511
부당해고구제재심판정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiff, including the part resulting from the supplementary participation.

Reasons

The details and details of the decision on reexamination were established on July 20, 1996 and the Plaintiff is a company that runs the business of managing multi-family housing and facility security by employing 1,000 full-time workers.

The Intervenor joining the Plaintiff on March 4, 2013 (hereinafter referred to as the “ Intervenor”) served as B apartment security guards located in Si interest-si, which is entrusted and managed by the Plaintiff.

On January 6, 2016, the Intervenor filed an application for remedy with the Gyeonggi Regional Labor Relations Commission by asserting that “the Intervenor was subject to unfair dismissal from the Plaintiff on December 23, 2015,” and the Gyeonggi Regional Labor Relations Commission dismissed the Intervenor’s application for remedy on March 2, 2016, on the ground that “the Intervenor’s employment relationship between the Plaintiff and the Intervenor was terminated upon the submission of the written resignation”.

On April 12, 2016, the Intervenor appealed and filed an application for reexamination with the National Labor Relations Commission on April 12, 2016, and the National Labor Relations Commission accepted the Intervenor’s application for reexamination on June 20, 2016 on the ground that “The Intervenor prepared and submitted a resignation document without the intention of resignation as part of the measures necessary to change the workplace in accordance with the Plaintiff’s instruction and commitment, and it is apparent that the Plaintiff was aware of such fact. Therefore, the submission of the Intervenor’s resignation is null and void since the labor relationship between the Plaintiff and the Intervenor was terminated by the Plaintiff’s unilateral intent, and thus constitutes dismissal of the Intervenor without good cause or procedure

(hereinafter referred to as “instant decision on reexamination” / [the grounds for recognition] : (a) the Plaintiff asserted that the labor relationship between the intervenors was terminated by agreement; and (b) the Defendant’s claim for revocation of the instant decision on reexamination was unlawful on the grounds that the period for filing the instant lawsuit exceeds the period for filing the lawsuit.

It is argued that it is "infinite."

According to Article 31(2) and (3) of the Labor Standards Act, the review decision by the National Labor Relations Commission is made.

arrow