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(영문) 서울행정법원 2019.09.26 2018구합8160
부당해고구제재심판정취소
Text

1. On November 19, 2018, the National Labor Relations Commission applied for a review of unfair dismissal C between the Plaintiff and the Intervenor joining the Defendant.

Reasons

Around June 2016, the Intervenor’s Intervenor (hereinafter “ Intervenor”) concluded with E and E (E Si Special Means of Transportation and Operation Entrustment Agreement) and operated special means of transportation for mobility disadvantaged persons. On March 5, 2018, the Plaintiff entered into the following labor contracts with the Intervenor D Branch, and performed vehicle operation and vehicle management duties at the Special Means of Transportation Mobile Support Center (hereinafter “instant House”).

1. The term of a labor contract: It shall enter into an employment contract with no fixed period from March 5, 2018;

2. Working place and duties: Director of the mobility support center for mobility disadvantaged persons (referred to as the duties related to the seat support for mobility disadvantaged persons, call operation and vehicle charter-related duties): The actual contents of duties and places shall be determined by a personnel appointment, and the current duties shall be performed unless there is any change in the current duties.

Provided, That the contents and location of the business may be changed depending on the corporate managerial circumstances.

6. If it is found that work performance is poor or inappropriate for quality during the training period (two months) under Article 8 (2) of the Employment Regulations, such as the observance of employment regulations, such measures as extension of the training period or termination of the employment contract may be taken.

On March 21, 2018, the Intervenor recommended the Plaintiff to attend and retire from the office until March 30, 2018 on the ground of “in compliance with the hours of absence and infertility between other employees and the Plaintiff.”

On March 30, 2018, the Intervenor recommended the Plaintiff to retire, but the Plaintiff filed a civil petition with the National Examination on the same day to the effect that the operating method of the Oil Call Center is inappropriate, and the E viewing and transportation administration division inspected the above oil call center and notified the Plaintiff of the result of measures taken.

An intervenor held a steering committee on April 26, 2018 to evaluate the plaintiff's performance of duties and qualities, and then terminate a labor contract when two months elapse from the plaintiff's probation period.

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