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(영문) 서울행정법원 2015.04.02 2014구합62593
부당징계구제재심판정취소
Text

1. On May 20, 2014, the National Labor Relations Commission rendered the Central Labor Relations Commission’s 2014 Supplementary 256 and the Defendant’s Intervenor’s Intervenor’s 2014.

Reasons

The Plaintiff as a party to the instant ruling was established on March 12, 1955 and operated as a school juristic person that operates educational service business with 180 full-time workers employed. The Intervenor was a person who was employed in C University on March 1, 1985 and was engaged in administrative support, such as school affairs management and general affairs, for 28 years.

On October 31, 2013, following the resolution of the disciplinary committee, the Plaintiff dismissed the Intervenor on the ground that the following grounds (hereinafter “instant disciplinary cause”) constituted an act detrimental to dignity as prescribed by Article 61(1)3 of the Private School Act which is applicable mutatis mutandis by Article 85 of the Plaintiff’s articles of incorporation.

(2) On December 10, 2013, the Plaintiff filed an application for dismissal with the Busan Regional Labor Relations Commission for remedy of unfair dismissal and unfair labor practices, asserting that the dismissal of the instant employee was unfair dismissal and unfair labor practices, and the Plaintiff filed an application for remedy with the Busan Regional Labor Relations Commission on December 10, 2013, the Busan Regional Labor Relations Commission accepted only the relevant part of the Intervenor’s application for remedy on February 7, 2014, and dismissed the remainder of the part.

On May 20, 2014, the National Labor Relations Commission applied for a review to the National Labor Relations Commission on the grounds that the Plaintiff and the Intervenor did not object to each part of the above initial inquiry tribunal, and the dismissal of the case constitutes unfair dismissal on the ground that the grounds for disciplinary action are not recognized.

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