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(영문) 서울행정법원 2018.01.05 2017구합4284
부당해고구제재심판정취소
Text

1. On May 29, 2017, the National Labor Relations Commission filed an application for reexamination of the remedy for unfair dismissal between the Plaintiff and B.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff, which is a corporation for the purpose of establishing and operating medical welfare facilities for the aged, has 33 regular workers, and operates C medical care centers for the aged, which are medical welfare facilities for the aged.

B. The Plaintiff concluded a labor contract with B on August 17, 2015, but B voluntarily terminated the said labor contract on December 31, 2015.

C. Around April 6, 2016, the Plaintiff concluded a labor contract with B by setting the term of the labor contract as “from April 6, 2016 to April 5, 2017” and the details of business as “administrative support for corporation transportation affairs and C Older Persons,” respectively (hereinafter “instant labor contract”).

On August 21, 2016, the Plaintiff sent text messages to B, “as of September 1, 2016, the Plaintiff issued an order to the Secretary-General as an incorporated association.”

B on August 22, 2016, the instant text messages were sent to the Plaintiff on August 22, 2016, and thus, it was required to undergo specific procedures for consultation on the labor contract, working conditions, and the compensation for losses caused by additional expenses due to the transfer.

E. On November 1, 2016, the Plaintiff issued a notice of dismissal notice to B, and issued a notice of dismissal notice to B as of December 2, 2016 on the same day.

(f) On December 21, 2016, the Plaintiff asserted that the instant dismissal constituted an unfair dismissal, and filed an application for remedy with the Gyeongnam Regional Labor Relations Commission.

On February 16, 2017, the Gyeongnam Regional Labor Relations Commission determined that the dismissal of the instant case was unfair, and the Plaintiff would return B to his original position within 30 days from the date of receipt of the written adjudication and pay B the amount equivalent to the wages that could have been paid if he had worked normally during the period of his dismissal.

(G) On March 28, 2017, the Plaintiff filed an application for review with the National Labor Relations Commission on March 28, 2017.

However, on May 29, 2017, the National Labor Relations Commission dismissed the Plaintiff’s request for reexamination.

Central 2017 Section 283, hereinafter referred to as "the case."

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