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(영문) 대전지방법원 2016.11.23 2016구합101081
재심신청기각처분취소
Text

1. On January 29, 2016, the National Labor Relations Commission rendered the Central Labor Relations Commission’s order between the Plaintiff and the Defendant’s Intervenor to KRW 2015.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that employs approximately 90 full-time workers and engages in sorting, collecting, and transporting recyclable products.

B. The Intervenor joining the Defendant (hereinafter “ Intervenor”) served as the Plaintiff’s employee from August 5, 2013.

At the time of entry of the plaintiff, the intervenor was holding the first class large driver's license, but the driver's license was revoked on December 27, 2014.

C. On July 21, 2015, the Plaintiff held a disciplinary committee for the Intervenor. The Disciplinary Committee decided to dismiss the Intervenor on the ground that “the Intervenor’s revocation of his/her driver’s license on December 27, 2014, thereby losing his/her eligibility as a recyclable goods collection and transportation engineer, and became unable to provide his/her labor as an engineer.”

On July 21, 2015, the Plaintiff notified the Intervenor that the Intervenor was dismissed as of July 22, 2015.

(hereinafter “instant dismissal”) D.

On August 18, 2015, the Intervenor filed an application for remedy with the former Regional Labor Relations Commission by asserting that the dismissal of the instant case constituted unfair dismissal and unfair labor practices. On October 15, 2015, the former Regional Labor Relations Commission determined on October 15, 2015 that the dismissal of the instant case was an abuse of the disciplinary discretion and constitutes unfair dismissal, but does not constitute unfair labor practices.

(hereinafter referred to as "First Inquiry Tribunal") 2015, 231/Non-No236, hereinafter referred to as "the first Inquiry Tribunal").

E. On November 11, 2015, the Plaintiff filed an objection to the part concerning unfair dismissal with the Central Labor Relations Commission concerning unfair labor practices in the first inquiry tribunal on November 12, 2015, and the Intervenor filed an application for reexamination with the National Labor Relations Commission on November 12, 2015. The National Labor Relations Commission dismissed all of the applications for reexamination filed by the Plaintiff and the Intervenor on January 29, 2016.

(The part concerning unfair dismissal in the above new trial ruling is referred to as the "instant new trial ruling"). 【The ground for recognition - Nos. 3, 8, 10, 9 and 10, Ga evidence Nos. 9 and 10, and the purport of the whole pleadings.

2. This.

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