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(영문) 광주지방법원목포지원 2020.05.27 2018가단52885
임금
Text

1. The defendant has 5% per annum from July 1, 2017 to May 27, 2020 with respect to each of the plaintiffs' KRW 12,263,228 and each of them.

Reasons

1. Basic facts

A. The Defendant is a company that employs approximately 30 workers to conduct food and waste collection business, and Plaintiff A was employed on July 1, 2014, and Plaintiff B was employed by each Defendant on April 1, 2010 and served as a driver for collecting and transporting food wastes.

B. On January 23, 2015, the Defendant: (a) caused a civil petition against the Defendant due to the Plaintiffs’ failure to remove food waste in the area in charge; (b) received a warning from the plenary session; (c) was dissatisfied with the Defendant’s legitimate business instructions at least three times; and (d) was dismissed on the ground that the Plaintiffs received warnings at least five times due to bad working attitude (hereinafter “instant dismissal”).

C. On January 23, 2015, the Plaintiffs filed an application for remedy against unfair dismissal with the Jeonnam Regional Labor Relations Commission. Accordingly, on May 6, 2015, the Jeonnam Regional Labor Relations Commission rendered a judgment citing the Plaintiffs’ application for remedy on the ground that the grounds for disciplinary dismissal of the instant case is deemed to exist, but that the disciplinary action is excessive.

On the other hand, on January 17, 2015, before the dismissal of the plaintiffs, E/F dismissed from the defendant on January 17, 2015, together with the plaintiffs, applied for unfair dismissal relief with the plaintiffs. D.

On June 4, 2015, the Defendant filed an application for reexamination with the National Labor Relations Commission on June 4, 2015, and the National Labor Relations Commission dismissed the Defendant’s application for reexamination on the ground that “the Plaintiff’s failure to complete the whole duties assigned by complying with the working hours under the labor contract cannot be deemed the grounds for disciplinary action.”

E. After doing so, the Defendant filed a lawsuit with the Seoul Administrative Court against the chairman of the Central Labor Relations Commission to revoke the said decision (the Plaintiff participated in the said lawsuit by assisting the chairman of the Central Labor Relations Commission), and the said court shall accept the Defendant’s claim on August 12, 2016.

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