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(영문) 서울행정법원 2018.01.18 2017구합61201
부당해고구제재심판정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

From March 4, 2005 to March 24, 2017, the Intervenor (hereinafter “ Intervenor”) operated D Child Care Center C in Suwon-si, Suwon-si (hereinafter “instant Child Care Center”).

On October 25, 2015, the Plaintiff was employed by the intervenors and served as the cook of the instant childcare center.

On May 13, 2016, the Intervenor notified the Plaintiff of the dismissal of the Plaintiff as of June 15, 2016, on the ground that “The Intervenor prohibited the Plaintiff from photographing in the instant childcare center, was present at the education for preventing sexual harassment and child abuse, did not take foreign substances out of food, and did not comply with the instructions given by the Intervenor to refrain from using the molds for meals.”

(hereinafter “instant dismissal”). On August 18, 2016, the Plaintiff filed an application for remedy with the Gyeonggi Regional Labor Relations Commission by asserting that the instant dismissal constituted unfair dismissal.

On October 11, 2016, the Gyeonggi Regional Labor Relations Commission rendered a judgment dismissing the application for remedy to the effect that “the grounds for dismissal of this case are recognized, and a disciplinary decision is also appropriate.”

On November 2, 2016, the Plaintiff filed an objection to the review seeking the revocation of the Gyeonggi Regional Labor Relations Commission’s ruling.

The National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on March 8, 2017.

(2) In light of the aforementioned legal principles, the lower court’s determination on the lawfulness of the instant suit as to the lawfulness of the entire pleadings and the entries in Gap’s Nos. 1 and 12 (including a provisional number; hereinafter the same shall apply), Eul’s evidence Nos. 1 and 2, and the entire purport of the pleading, based on the following facts: (a) there is no dispute; and (b) the Plaintiff asserted that “the Intervenor’s abolition of the instant child-care center on March 24, 2017, there is no legal interest to seek

A lawsuit seeking the cancellation of an illegal administrative disposition shall be restored to the original state by removing the illegal state caused by the illegal disposition.

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