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(영문) 서울행정법원 2017.03.16 2016구합69253
부당해고구제재심판정취소
Text

1. On May 31, 2016, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a company engaged in manufacturing film and contact Den, using approximately 40 full-time workers, and the Plaintiff was enrolled in the Intervenor on May 6, 2015 as skilled industrial personnel.

B. On January 15, 2016, the Plaintiff asserted that he/she was dismissed from the Intervenor, and applied for remedy to the Incheon Regional Labor Relations Commission. On March 14, 2016, the Incheon Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy, deeming that the labor relationship between the Plaintiff and the Intervenor was terminated by the termination of the agreement.

C. On March 23, 2016, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed it on May 31, 2016.

(hereinafter referred to as “instant decision on reexamination”). 【No dispute exists, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings.”

2. Whether the decision on the retrial of this case is lawful

A. The Plaintiff, who did not have the intent to resign the Plaintiff’s assertion, submitted the written resignation according to the Intervenor’s coercion, and the Intervenor accepted it and unilaterally terminated the labor relationship with the Plaintiff by lending the form of dismissal from office for council members. Therefore, this constitutes an unfair dismissal.

Furthermore, the Plaintiff demanded the return of resignation and withdrawn the intention of resignation immediately after submitting the written resignation to C, a person in charge of industrial technical personnel.

B. The Plaintiff was assigned as a skilled industrial personnel on August 26, 2013, and served in another workplace, and entered into an employment contract and served on the part of the Intervenor’s workplace from May 6, 2015. (2) The Plaintiff, from May 6, 2015 to January 11, 2016, worked on 15 occasions of unauthorized land, 4 times of absence from work without permission, 4 times of use of female toilets, and indoor smoking, etc. Accordingly, the Plaintiff submitted four copies of letters or horses as follows.

On October 26, 2015, the reason for the date of submission is: indoor smoking, working attitude on November 20, 2015; absence without permission on December 10, 2015; absence without permission on December 16, 2015; absence without permission on December 16, 2015; and 3.

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