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(영문) 서울행정법원 2016.07.15 2015구합10414
부당해고및부당노동행위구제재심판정취소
Text

1. On August 4, 2015, the National Labor Relations Commission merged between the Plaintiff and the Defendant joining the Defendant with the Central 2015 Supplementary Notes 371/Bno64.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that employs 2,200 regular workers and runs the business of transporting express buses.

B. On June 17, 2014, the Plaintiff announced the recruitment of new employees on board (hereinafter “instant recruitment announcement”) under the title of “the recruitment of new employees on board in order to provide high-speed credit service” (hereinafter “the recruitment announcement”), and the said announcement includes the personal character examination, interview, practical test, education, internship, or full-time conversion (a full-time employment after training and evaluation of the internship period).

C. On June 19, 2014, the Intervenor joining the Defendant (hereinafter “ Intervenor”) submitted to the Plaintiff a written application for membership (hereinafter “instant application for membership”). D.

Upon completion of the document screening review on July 3, 2014, the Plaintiff passed the document screening process, including the Intervenor, conducted interview and human nature tests on the applicants, and conducted the practical evaluation on the above applicants on July 8, 2014. As a result, 33 persons, including the Intervenor, passed the practical evaluation.

E. From July 11, 2014 to August 27, 2015, the Plaintiff provided education to the applicants who passed the performance evaluation for about seven weeks, and 27 applicants, including the intervenors completed the above education. Of which 25 applicants, including the intervenors completed the education course, at least 70 points in the aggregate of the performance evaluation and the performance evaluation conducted at the time of completion of the education course and the performance evaluation conducted at the time of completion of the education course (hereinafter “instant education evaluation score”).

F. On August 28, 2014, an intervenor entered into a labor contract with the Plaintiff on August 28, 2014, “the term of the labor contract for an intern working on board (hereinafter “the labor contract for an intern working on board”) between August 28, 2014 and December 27, 2014” refers to the instant internship working contract.

B. The above 25 successful applicants entered into a labor contract with the same content as the remaining 24 successful applicants.

G. On December 23, 2014, the Plaintiff is an intern for 25 internships working on board.

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