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(영문) 서울행정법원 2017.10.19 2016구합79526
부당노동행위구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. 1) The Plaintiff is a corporation that is established on April 19, 2005 and employs 20 full-time workers and operates radio and local media center operation business. 2) The Intervenor is a person who was employed by the C Promotion Agency on May 1, 2012 and worked as the head of the D Center secretariat that the said Promotion Agency is entrusted to the C Promotion Agency and operated by the C Promotion Agency on May 1, 2012 and worked as the head of the D Center secretariat from June 1, 2015 to the Plaintiff by changing the consignment contractor to the Plaintiff.

B. According to the E Ordinance on the Establishment and Operation of the E, the Ycheon-gun shall provide “E entrusted project” (hereinafter “the instant entrusted project”) to provide services, such as education for video production, lending of specialized equipment, experience, etc. to local residents.

2) The instant consignment project is being operated through a private consignment contract, and the period of contract with the C Promotion Agency was fixed from May 1, 2012 to May 31, 2015, and the C Promotion Agency entrusted the instant consignment project to C Promotion Agency. Accordingly, the C Promotion Agency entrusted the operation of the Center.

On the other hand, workers who worked in the D Center were workers of the C Promotion Agency, and the C Promotion Agency did not have any authority over the status of workers of the said D Center after the termination of the entrustment contract with the C Promotion Agency.

3 At the end of the contract period with the C Promotion Agency, the C Promotion Agency explicitly stated in the “written request for proposal for services entrusted to the private sector” that “the subjects of negotiations shall reflect to the maximum extent possible the succession of employment to the existing operating personnel upon the request of the CB,” while participating in the bidding of the service contract around May 2015, the Plaintiff submitted a proposal containing the following contents to the CB, Y.

6. Employment of human resources who have been engaged in entrusted projects for the continuity of projects for the support center for the succession of employment of human resources of the D Center;

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