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(영문) 대전지방법원 2017.08.09 2017구합93
부당해고구제재심판정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

On January 27, 2016, the Plaintiffs asserted that the Intervenor was dismissed from the Intervenor on April 30, 2016, and that: (a) Plaintiff A filed an application for remedy with the Busan Regional Labor Relations Commission on June 15, 2016; and (b) Plaintiff B rejected the application for remedy on April 30, 2016, on the ground that the Plaintiff was not dismissed on April 30, 2016, as alleged by the Plaintiffs on August 9, 2016.

[Gyeongbuk-do 2016 father-do 319, 335 (Consolidation)] The Plaintiffs, who were dissatisfied with the initial inquiry court, filed an application for reexamination with the National Labor Relations Commission on September 12, 2016. On December 6, 2016, the National Labor Relations Commission dismissed the Plaintiffs’ application for reexamination on the ground that it is evident that Article 23(1) of the Labor Standards Act does not apply to the business or workplace that employs at least five full-time workers, and thus, there is no benefit in the request for reexamination.

(C) Article 23(1) of the Labor Standards Act applies to the instant pension, where five workers, such as the Plaintiffs, E couples, and F, work for and work for five workers, including the Plaintiffs, E couples, and F, on the following grounds: (a) there is no dispute over the ground for recognition / [the ground for recognition]; (b) the written evidence Nos. 4 and 5 (including the serial number; hereinafter the same shall apply); and (c) the overall purport of the instant judgment on reexamination is legitimate.

The Intervenor dismissed the Plaintiffs on April 30, 2016 without good cause, and the instant decision of reexamination, which dismissed the Plaintiffs’ request for remedy under the instant pension, deeming that Article 23(1) of the Labor Standards Act is not applicable to the instant pension, should be revoked in an unlawful manner.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The Labor Standards Act shall apply to all businesses or workplaces which ordinarily employ not less than five workers, and only part of the Labor Standards Act shall apply to businesses or workplaces which ordinarily employ not more than four workers (Article 11(1) and (2)).

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