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(영문) 대전지방법원 2018.08.17 2017구합100894
부당해고 및 부당노동행위 구제 재심판정취소
Text

1. The part of the instant lawsuit seeking the revocation of the decision on review of unfair dismissal shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Details of the decision on retrial;

A. On August 21, 1997, the Plaintiff established a main office at the location of its head office and conducted cleaning and security service business using 270 full-time workers, entering into a contract with C Hospital (hereinafter “instant hospital”) and C Hospital (hereinafter “instant hospital”) to provide cleaning services from March 1, 2016 to February 28, 2017, and hired 88 cleaning workers to conduct cleaning service business.

B. On November 30, 2016, the Intervenor Trade Union is a national industrial trade union established to organize workers engaged in public, transportation, and social services across the country. The number of members is 160,000,000. A superior organization is a member of the National Democratic Trade Union Federation BF, and it has a C Hospital DD branch for cleaning service workers within the instant hospital (hereinafter “instant branch”) under its control, and there are 20 members of the instant branch.

C. The Intervenor A is the head of the instant branch, who had been entrusted with the cleaning business of the C Hospital, and had been employed by the cleaning service company until February 29, 2016 and continued to work after being employed by the cleaning service company after being employed as a cleaning service company on January 1, 2009.

On March 1, 2016, the Plaintiff rejected the Intervenor’s succession to employment and did not conclude a labor contract with the Intervenor.

E. On March 1, 2016, the Intervenor asserted that the refusal by the Plaintiff to succeed to employment by the Intervenor A was unfair, and that the refusal to succeed to employment by the Intervenor A was unfair, and that it was unfair labor practices in disadvantageous treatment, control, and intervention. On May 30, 2016, the Intervenor filed an application for remedy with the Busan Regional Labor Relations Commission for unfair dismissal and unfair labor practices.

The Gyeongbuk Regional Labor Relations Commission rejected the Intervenor A’s request for remedy against unfair dismissal, and dismissed the Intervenor A’s request for remedy against unfair labor practices.

(f) An intervenor and an employer are dissatisfied with each other on August 31, 2016.

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