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(영문) 서울행정법원 2018.07.19 2018구합56183
부당해고구제재심판정취소
Text

1. On January 30, 2018, the National Labor Relations Commission (hereinafter “National Labor Relations Commission”) unfairly dismissed from position or unfairly demoted between the Plaintiff and B Foundation.

Reasons

1. Details of the decision on retrial;

A. The party’s relationship 1) The Intervenor joining the Defendant (hereinafter “ Intervenor”)

(2) On December 3, 2015, pursuant to Article 13 of the Korea Medicine Promotion Act, an incorporated foundation established with the aim of “the contribution to the promotion of national health and the development of the national economy through the development of oriental medicine technology and the promotion of industry, etc.” under Article 13 of the Korea Medicine Promotion Act (hereinafter “Korea Medicine Promotion Act”), has its principal office in Yongsan-si, and has conducted projects, such as the promotion of scientific informatization of oriental medicine technology with approximately 160 full-time workers, using approximately 160 full-time workers. (2) An intervenor was incorporated by integrating D, a foundation (hereinafter “D”) and E inside (hereinafter “G”).

3) On August 5, 2015, the Plaintiff joined D and served as H of the Intervenor’s establishment promotion group. On December 30, 2015, the Plaintiff succeeded to employment as the Intervenor and served as the chief of the headquarters from December 19, 2016, and served as the chief of the JJ headquarters from December 19, 2016. (b) The Minister of Health and Welfare, which is the supervisory agency of the Plaintiff, requested several times from February 2, 2017 to March 29, 2017, to establish a self-plan for the establishment of public office discipline, comply with the rules on the management of public service (e.g., commuting and heavy time observance) and check the actual status of each agency.

In April 2017, the intervenor inspected the current status of the worker's probation from January 2017 to March 3, 2017, and as a result, the plaintiff discovered that the worker allowed the worker to act on 13 occasions of the attendance certification to the subordinate worker.

2) On June 26, 2017, an intervenor dismissed the Plaintiff from position at the chief of the J headquarters on the ground of the above agency attendance certification (hereinafter “instant dismissal from position”).

() On June 30, 2017, on the ground that “the term of the labor contract concluded on August 5, 2015 by the Plaintiff and the Intervenor is terminated on July 31, 2017,” the Plaintiff notified the Plaintiff that the contract will be terminated with the Plaintiff as of July 31, 2017 based on Article 11 of the Rules on the Employment and Operation of Fixed-term Employees and the Fixed-term Employee Employment Contract for the Intervenor (hereinafter referred to as “the term of the labor contract”).

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