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(영문) 의정부지방법원 2014.11.05 2014가합2515
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the council of occupants' representatives comprised of the occupants for the management of the B apartment (hereinafter "the apartment of this case") in Namyang-si, Namyang-si. The Plaintiff entered the community center of the instant apartment of this case operated by the Defendant (hereinafter "the instant community center") for the welfare of the occupants of the instant apartment from April 6, 2011, and performed the management of the operation of the community center of this case.

B. On May 3, 2013, the Defendant issued a warning to the Plaintiff on the grounds that the Plaintiff did not comply with the Defendant’s order, and that the Plaintiff did not comply with the Defendant’s regular meeting without filing a prior report. On May 23, 2013, the Defendant issued a warning to the Plaintiff on the ground that the Plaintiff did not comply with the Defendant’s order. (2) On June 18, 2013, the Defendant held a disciplinary committee on the Plaintiff’s apartment, thereby assaulting the Plaintiff’s occupant, leaving the place of work without permission, and issued an implied warning to the Plaintiff on the grounds that C, an instructor of the instant community center golf center, arbitrarily changed working hours and left the place of work without permission, and repeatedly violated the Defendant’s order, and notified the Plaintiff of the instant dismissal on June 20, 2013.

3. Afterwards, the Plaintiff filed an application for unfair dismissal with the Gyeonggi Regional Labor Relations Commission on August 26, 2013 as to the dismissal of the instant case under Gyeonggi Regional Labor Relations Commission No. 2013, which decided that the dismissal of the instant case was unfair, but the Gyeonggi Regional Labor Relations Commission decided on August 26, 2013. However, the Defendant appealed and filed an application for reexamination with the National Labor Relations Commission as to the dismissal of the instant case. On November 28, 2013, the National Labor Relations Commission revoked the above determination of the Gyeonggi Regional Labor Relations Commission and ruled that the Plaintiff dismissed the application for unfair dismissal.

C. The Defendant’s rules of employment and the Defendant concluded on January 4, 2013.

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