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(영문) 서울행정법원 2015.04.09 2014구합18046
부당해고구제재심판정취소
Text

1. On August 29, 2014, the National Labor Relations Commission rendered unfair remedy between the Plaintiff and the Defendant’s Intervenor against the dismissal.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a worker who had been working at a welfare center for the aged at Daejeon Metropolitan City as an annex to the Welfare Center for the Aged (hereinafter “B center”) from August 13, 2010.

B. On October 30, 2012, the Plaintiff was dismissed from office at the B Center.

As to the above dismissal disposition on December 20, 2012, the Plaintiff asserted that the Daejeon Metropolitan City Federation of the Intervenor joining the Defendant (hereinafter “VA”) (hereinafter “VA”) was the Plaintiff’s employer, and filed an application for unfair dismissal with the Daejeon Regional Labor Relations Commission (hereinafter “YA”), but, on February 13, 2013, the Chungcheongnamnam District Labor Relations Commission dismissed the Plaintiff’s above application.

On March 11, 2013, the Plaintiff filed an application for review of the above determination with the National Labor Relations Commission (hereinafter “China”), and on May 23, 2013, the Central Labor Relations Commission revoked the said determination and rendered a decision of review to issue a remedy order to the Daejeon Federation on the ground that the above dismissal order issued by the Daejeon Federation constitutes an unfair dismissal.

The Daejeon Federation filed a lawsuit with the Seoul Administrative Court seeking the revocation of the above retrial ruling as the Seoul Administrative Court Law No. 2013Guhap5963.

On December 13, 2013, the above court rendered a judgment dismissing the claim of the Daejeon Federation, and the judgment became final and conclusive.

C. When the judgment became final and conclusive as above, C, the head of the B Center, notified the Plaintiff on December 23, 2013 of a personnel announcement stating that “the order to reinstate the original position” was issued.

On the same day, C notified the Plaintiff of the attendance of the personnel committee on December 30, 2013 that “I wish to be held by the personnel committee for disciplinary action against the Plaintiff.”

On December 30, 2013, the above personnel committee decided to dismiss the plaintiff, and the head of the B Center shall notify the plaintiff of the personnel order to dismiss the plaintiff on the same day.

D. D.

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