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(영문) 대전지방법원 2017.04.26 2016구합1150
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Inspector of the Review Decision consists of 16 City/Do chapters, 230 general subdivisions, and 15 special circuits, which are composed of 16 City/Do chapters, 230 general subdivisions, and 15 special circuits, which ordinarily employ 1,000 workers and operate projects for mutual assistance of C members.

On September 23, 2013, the Plaintiff joined the Gyeongbuk-do Branch (hereinafter referred to as the “Gyeongbuk-do Branch”) of the Gyeongbuk-do Branch (hereinafter referred to as the “Gyeongbuk-do Branch”) and served as the secretary general of the Gyeongbuk-do Branch from September 23, 2014.

On January 13, 2016, the Intervenor issued a disciplinary measure (hereinafter “instant dismissal disposition”) against the Plaintiff on the ground that “(i) unfair dismissal against the employees of the branch office; (ii) the disturbance of the workplace order; (iii) the unidentification of the employees and members of the central association; (iii) the aggravation of the finance of the branch office as a result of the occurrence of unnecessary legal disputes with D, E, etc.; and (iv) the act of assault against the employees of the branch office; and (v) the act of assault against the employees of the branch office in the workplace related thereto.”

On February 1, 2016, the Intervenor filed an application for remedy with the Gyeongbuk Regional Labor Relations Commission by asserting that the dismissal of the instant case constitutes unfair dismissal. On March 31, 2016, the Gyeongbuk Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that the dismissal of the instant case constituted grounds for disciplinary action only with the chairperson of the Local Disciplinary Committee, who was not the secretary general of the Gyeongbuk-do branch, decided on dismissal of the instant case, to be the chairperson of the Local Disciplinary Committee, who was not the president of the Gyeongbuk-do branch, cannot be deemed to have any defect in the disciplinary procedure. The foregoing ground ② does not constitute grounds for disciplinary action, but the ground for ground for ground for ground for ground

(J) On April 26, 2016, the Intervenor filed an application for reexamination with the National Labor Relations Commission on April 26, 2016. The National Labor Relations Commission applied for reexamination on the same ground as the first inquiry court on July 7, 2016.

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