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(영문) 서울행정법원 2016.08.18 2015구합82358
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Causes and contents of the decision in the retrial;

A. The Plaintiff is a company that performs the business of maintaining and managing facilities in the first reclaimed land (hereinafter “instant business”) that was established on March 9, 2007 and entrusted by the Han River Site Management Corporation (hereinafter “the instant construction”).

C On January 25, 2010, the participants joining the Defendant’s supplementary intervenor (hereinafter “ intervenors”), D, and E were employed on June 1, 201; and F were employed on the G team of the entrusted project division on March 11, 2013, respectively.

(hereinafter referred to as “the instant workers”) B.

On March 4, 2015, the Plaintiff notified the instant workers of the following:

(hereinafter “each of the instant dismissal”). The ECo Energy Holdings Co-Energy Holdings (hereinafter “ECo Energy Holdings”) selected as a new company of the instant business (hereinafter “ECo Energy Holdings”) had been conducted from March 5, 2015.

As the Plaintiff completed the instant business, an employment contract between the Plaintiff and the instant workers is terminated as of March 4, 2014 pursuant to paragraph (1).

C. On May 27, 2015, the instant workers filed an application for remedy with the Incheon Regional Labor Relations Commission for each of the instant dismissal, and on July 14, 2015, the Incheon Regional Labor Relations Commission issued a remedy order stating that “each of the instant dismissal is a layoff, the Plaintiff was dismissed, the Plaintiff was making full efforts to avoid it, and the agreement with the labor representative was insufficient or did not proceed properly.”

(hereinafter “instant remedy order”). On August 19, 2015, the Plaintiff filed an application for reexamination with the National Labor Relations Commission on August 19, 2015, and the National Labor Relations Commission dismissed the application for reexamination on the same ground as on November 16, 2015.

(hereinafter “instant decision on review”)

D. Meanwhile, the Plaintiff is pending in the instant lawsuit.

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