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(영문) 수원지방법원 2015.08.18 2014구합4130
이행강제금부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that employs five regular workers to operate a facility business for preventing groundwater pollution, and A was employed and worked on December 10, 2012 by the Plaintiff and was dismissed on December 28, 2012 (hereinafter “first dismissal”).

B. A filed an application for remedy against unfair dismissal with the Defendant asserting that the primary dismissal was unfair. On May 14, 2013, the Defendant: (a) recognized that the primary dismissal was unfair; and (b) issued a remedy order to the Plaintiff that “if the primary dismissal was made within 30 days from the date of receipt of the written adjudication, the amount equivalent to the wages that the Plaintiff could have received would have been reinstated to A and would normally have worked during the period of dismissal” (hereinafter “the first remedy order”).

C. On June 19, 2013, the Plaintiff dissatisfied with the first order for remedy and filed an application for reexamination with the National Labor Relations Commission. On September 6, 2013, the National Labor Relations Commission rendered a decision to dismiss the said application by the Plaintiff.

On the other hand, after receiving the first order for remedy on June 10, 2012, the Plaintiff issued a reinstatement order to A on June 13, 2013, and the Plaintiff returned on June 18, 2013, but notified A of dismissal again on June 26, 2013.

(hereinafter referred to as “second dismissal”) e.

On September 10, 2013, A filed an application for remedy against unfair dismissal with the Defendant asserting that the secondary dismissal was unfair, and the Defendant recognized that the secondary dismissal was unfair on November 5, 2013, and issued a remedy order to the Plaintiff that “the amount equivalent to the wages that A could have received if the secondary dismissal was made within 30 days from the date of receipt of the written adjudication and the normal employment was made during the period of dismissal” (hereinafter referred to as “the second remedy order”).

F. On November 20, 2013, the Plaintiff issued an order of reinstatement to A according to the second order of remedy, and around that time, A was reinstated.

G. On January 15, 2014, the Plaintiff paid 3,161,404 won to A from December 10, 2012 to March 9, 2013.

H. On February 26, 2014, the Defendant: (a) “Plaintiff” was against A.

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