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(영문) 서울행정법원 2015.10.22 2015구합3270
부당해고구제재심판정취소
Text

1. On January 13, 2015, the National Labor Relations Commission (hereinafter “National Labor Relations Commission”) against the Plaintiff and the Defendant joining the Defendant, the Central 2014 Annexed 1141 Company.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that employs 167 full-time workers and engages in fishery product processing business, etc., and the Intervenor joining the Defendant (hereinafter “ Intervenor”) joined the Plaintiff on December 27, 2010 and served as a production worker.

B. On July 11, 2014, the Plaintiff sent a notice of attendance of the personnel committee stating the following misconduct to the Intervenor on July 14, 2014, and held a personnel committee on July 14, 2014. The Plaintiff decided to dismiss the Intervenor pursuant to Article 77 subparag. 9, 11, and 13 of the Rules of Employment, and notified the Intervenor on the same day:

(hereinafter “instant dismissal.” The Intervenor filed a petition for retrial with the Plaintiff, but the Plaintiff dismissed the Intervenor’s petition for retrial on July 17, 2014.

(1) Defamation (Violation of Article 77 subparag. 9 of the Rules of Employment) of a company (Violation of Article 77 of the Rules of Employment), defamation (Violation of Article 77 subparag. 9 of the Rules of Employment) of the Plaintiff’s B office and chief of the management division, who is a workplace commercial employee, shall be insulting (violation of Article 77 subparag. 9 of the Rules of Employment), ③ interference with inquiry by the company (Violation of Article 77 subparag. 13 of the Rules of Employment), ④ Indecent act by compulsion (Violation of Article 77 subparag. 11 of the Rules of Employment), ⑤ Indecent act by compulsion of a female employee who is a workplace, five hours of education, etc

C. On August 4, 2014, the Intervenor filed an application for remedy by asserting that the dismissal of the instant case was unfair with the Incheon Regional Labor Relations Commission, and the Incheon Regional Labor Relations Commission dismissed the Intervenor’s application for remedy on October 6, 2014, on the ground that “all grounds for disciplinary action exist, and it cannot be deemed that the grounds for disciplinary action were deviating from or abusing the authority of disciplinary discretion.”

Seoul High Court Decision 201Na362 delivered on April 1, 201

On November 5, 2014, the intervenor appealed and filed an application for review with the National Labor Relations Commission on November 5, 2014, and the National Labor Relations Commission on January 13, 2015 is under the period of industrial accident medical care prohibited from dismissal under the Labor Standards Act.

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