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(영문) 서울행정법원 2016.07.14 2015구합71938
부당정직구제 재심판정 취소청구의 소
Text

1. On July 28, 2015, the National Labor Relations Commission rendered a central 2015 subordinate thereto between the Plaintiff and the Intervenor joining the Defendant, social welfare foundation A.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff was established on July 28, 1955 and employs approximately 300 full-time workers, and operated 14 agencies, including C (hereinafter “instant agency”). The instant agency is a welfare facility for the aged located in Gangnam-gu Seoul Metropolitan Government, and the Intervenor B, a social welfare worker, (hereinafter “participating”) entered the instant agency on July 1, 201 and served as the chief of general department from January 1, 201 to January 1, 201.

B. On December 10, 2014, the Plaintiff, following a deliberation by the personnel committee, damaged the reputation and reputation of the institution by making it inappropriate for the Plaintiff, who is a female employee, in the company (hereinafter “instant disciplinary cause”), and (2) neglected to perform his/her duties, such as leaving his/her workplace independently (hereinafter “Disciplinary cause No. 2”), and (3) failed to maintain dignity as a social welfare expert, and the “Disciplinary Reason No. 3” did not perform his/her duties fairly (hereinafter “Disciplinary Reason No. 3”), was subject to the disciplinary cause (hereinafter “Disciplinary Reason”) pursuant to Article 9(1) of the Operational Rule of the instant institution, and notified the Intervenor of his/her suspension for three months pursuant to Chapter 9(1) of the same month.

(hereinafter “instant disciplinary action”). C.

On February 24, 2015, an intervenor dissatisfied with the instant disciplinary action, filed an application for remedy with the Seoul Regional Labor Relations Commission, but the Seoul Regional Labor Relations Commission dismissed it on April 21, 2015.

On May 28, 2015, the intervenor filed an application for review with the National Labor Relations Commission seeking cancellation of the above initial trial tribunal. The National Labor Relations Commission (hereinafter “National Labor Relations Commission”) prevents the intervenor’s vindication because the time and location are not specified even according to the employee’s written statement and recommendation.

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