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(영문) 청주지방법원 2016.12.15 2016가합407
근로자지위확인 등
Text

1. Ascertainment that the Plaintiff is the Defendant’s employee.

2. The Defendant from November 1, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties concerned is a social welfare foundation established for the purpose of establishing and operating medical welfare facilities for the aged, and its affiliated organizations operate welfare facilities for the aged, such as C medical care center, D Medical Care center, E hospital for the aged, home center, and funeral parlors. 2) The Plaintiff is a person working for the aforementioned D Medical Care Center operated by the Defendant as a caregiver.

3) Non-party non-party public non-party trade union (hereinafter “instant trade union”)

(2) On March 9, 2009, the Plaintiff filed a complaint against the Plaintiff on the ground that the Plaintiff stolen goods, etc. owned by the Medical Care Center and inflicted property damage on the Defendant, and the Plaintiff was issued a summary order of KRW 200,000 by larceny from the Cheongju District Court on January 13, 2015 and confirmed around that time.

2) The Defendant dismissed the Plaintiff as of March 15, 2015 (hereinafter “instant dismissal disposition”) following a disciplinary resolution by the personnel committee on the Plaintiff’s misconduct as above (hereinafter “instant dismissal disposition”).

(3) On July 16, 2015, the Plaintiff filed an application for remedy, such as revocation of dismissal, on the ground that the instant dismissal disposition constitutes an unfair dismissal with the Chungcheong Regional Labor Relations Commission, but the said application was dismissed.

Accordingly, on August 14, 2015, the Plaintiff, who is dissatisfied with the above determination, filed a petition with the National Labor Relations Commission for a remedy review, and withdrawn the said petition on October 2, 2015.

C. 1) The Defendant and the instant trade union drafted a labor-management agreement on August 24, 2015 (Evidence 4; hereinafter “the labor-management agreement agreement signed on August 24, 2015”) on the reinstatement of dismissed persons and management normalization, etc.

this section, and the basis for this section.

Details are as follows:

1.B shall enter into an agreement on the re-employment of dismissed members, and the time of reinstatement shall be the Foundation.

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