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(영문) 서울행정법원 2016.07.01 2015구합75794
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

The plaintiff is a corporation established to promote a rehabilitative business on May 20, 1995 pursuant to the Act on Probation, etc., and is an affiliated organization of the Ministry of Justice with approximately 260 full-time workers who provide support for the start-up of employment of discharged prisoners, and social improvement education, etc., and the intervenor is a person who entered the Plaintiff Corporation on August 1, 2014 and worked as B.

On November 3, 2014, the Plaintiff notified the Intervenor that the Intervenor was dismissed as of December 31, 2014 on the ground that the Plaintiff’s work was completed on the grounds of the termination of the work-related meritorious shop project entrusted by the Ministry of Employment and Labor.

(hereinafter “instant dismissal”). On March 9, 2015, the Intervenor filed an application for remedy against unfair dismissal with the Seoul Regional Labor Relations Commission. On May 7, 2015, the Seoul Regional Labor Relations Commission dismissed the Intervenor’s application for remedy on the ground that the dismissal of the instant case was justifiable as the termination of a labor contract upon termination of the entrusted business.

On June 4, 2015, the Plaintiff filed an application for review of the first inquiry tribunal of the Gyeonggi Regional Labor Relations Commission with the National Labor Relations Commission. On August 20, 2015, the National Labor Relations Commission, “The Plaintiff continued to engage in the follow-up management business for the existing participants even after the termination of the consignment to the private sector of the Gyeonggi-do Regional Labor Relations Commission, and the Plaintiff’s program for supporting the jobs directly conducted from January 1, 2015 is substantially the same as the employment failure failure projects, and thus, it is unlawful to dismiss the Intervenor on the ground of the termination of the business.” The first inquiry tribunal was revoked and the dismissal of the instant case is recognized as unfair, and the Plaintiff’s dismissal of the Intervenor from January 1, 2015 to the same year.

7. A ruling ordering the payment of 11,776,60 won equivalent to the amount of wages until 31.

(hereinafter referred to as the “instant decision on reexamination”). [This case’s ground for recognition] did not dispute, entry of evidence Nos. 2, 4, and 5, and the purport of the entire pleadings, and whether the Plaintiff’s employment success failure project is legitimate or not, the Plaintiff’s 23 branches.

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