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(영문) 서울행정법원 2017.12.07 2017구합1858
부당해고구제재심판정취소
Text

1. The Central Labor Relations Commission’s dismissal on February 10, 2017 between the Plaintiff and the Intervenor’s Intervenor, which was unfair as of February 10, 2016.

Reasons

1. Details of the decision on retrial;

A. Status 1 of the parties concerned) The plaintiff is the Nam-gu Incheon Metropolitan City A apartment (hereinafter "the apartment of this case").

2) On October 18, 201, the Plaintiff and the instant apartment units management contract was concluded with the Plaintiff on behalf of the 500 occupants. 2) A Co., Ltd (hereinafter referred to as “C”) is an organization organized for the management of apartment units on behalf of the 500 occupants.

3) The Intervenor joining the Defendant (hereinafter “ Intervenor”)

(B) On May 1, 2012, the Plaintiff entered into an employment contract with C and served as the head of the management office of the instant apartment. (B) On October 18, 2011, the Plaintiff entered into an entrustment management contract with C with respect to the instant apartment as to the term of the contract with C from November 1, 2011 to October 31, 2014. On September 12, 2014, the term of the contract was entered into with C from November 1, 2014 to October 31, 2017 (hereinafter collectively collectively referred to as “instant entrustment management contract,” and the date of entering into the entrustment management contract, if necessary, is specified as the date of entering into the entrustment management contract), and the following:

same as the entry in the subsection.

2. On May 1, 2012, the intervenor entered into a labor contract with C and the head of the management office of the apartment complex of this case with the terms of contract from May 1, 2012 to October 31 of the same year.

And C issued a letter of appointment of the chief of the management office of the apartment of this case to the same intervenor and notified the plaintiff that he appointed the intervenor as the chief of the management office of the apartment of this case.

Meanwhile, the Intervenor and C concluded a labor contract again on November 1, 2012; January 1, 2013; January 1, 2014; January 1; January 1, 2015; and January 1, 2016; and each labor contract is automatically terminated or terminated even if the consignment management contract between C and the Plaintiff is terminated or it is inevitable to continue the consignment management.

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