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(영문) 수원지방법원안양지원 2014.10.16 2012가합1684
징계해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who was subject to disciplinary action while serving as a member of the Defendant on November 26, 2007. The Defendant is a corporation established as C on January 11, 2005 and changed to the same name as the current trade name on January 10, 2006, and is a corporation that runs the entrusted sales business of fishery products by using 14 full-time workers.

B. On April 4, 2009, the Defendant dismissed the Plaintiff on the ground of the abolition of the department in charge on April 4, 2009 (hereinafter “the previous dismissal of this case”).

(2) On June 22, 2009, the Plaintiff filed an application with the Gyeonggi Regional Labor Relations Commission for remedy against unfair dismissal (No. 2009da748) regarding the previous dismissal of the instant case, and on August 24, 2009, the Gyeonggi Regional Labor Relations Commission rendered a ruling of remedy to the effect that the Plaintiff would make the previous dismissal of the instant case to pay the amount equivalent to the wages that could have been received if the Plaintiff had worked during the period of reinstatement from office or dismissal (hereinafter “the previous initial inquiry court of this case”).

3) On September 21, 2009, the Defendant served a written request for reexamination on September 21, 2009, and filed an application for reexamination with the National Labor Relations Commission (No. 2009da865) on September 29, 209, but the National Labor Relations Commission ruled that the Defendant’s application for reexamination was dismissed on November 25, 2009. (4) Meanwhile, on May 8, 2009, before the Plaintiff filed the said request for remedy, the Plaintiff filed a petition with the head of the Gyeongyang Regional Labor Relations Agency (hereinafter “instant overdue wages”) by asserting that the Defendant did not pay the wages, etc. from November 26, 2007 to December 25, 2007 and March 25, 2009.

On August 31, 2009, the head of the Gyeyang-gu Regional Labor Office sent to the Plaintiff a notice stating that “the Defendant ordered the Plaintiff to correct the unpaid wages by September 10, 2009.” On September 15, 2009, the Minister issued the Plaintiff with a confirmation fee for overdue payments. On November 2, 2009, the Plaintiff sent the Defendant’s unpaid wages to the Suwon District Public Prosecutor’s Office within the jurisdiction of the Suwon District Public Prosecutor’s Office by opinion.

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