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(영문) 서울행정법원 2015.11.05 2015구합3515
부당정직구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. From February 11, 2014, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) ordinarily employs more than 30 full-time workers and operates the “C Care Center,” which is a sanatorium for older persons. On November 18, 2013, the Plaintiff entered into a labor contract with the director of the C Care Center (D) representing the Intervenor, and thereafter, performed the preparation of the C Care Center and the assistant nurse’s services from that time.

On February 11, 2014, the reason for filing a false accusation by submitting a “report on a long-term care institution filing a request for unfair long-term care benefits” on April 14, 2014, to the effect that C medical care personnel unfairly filed a request for long-term care benefits on the National Housing Site of the National Health Insurance Corporation (hereinafter “Disciplinary Reason 2”) on February 14, 2014, while serving on his/her guardian on the day of admission to E (hereinafter “Disciplinary Reason 3”), he/she brought a false accusation to the effect that the C medical care personnel unfairly requested long-term care benefits on February 14, 2014 (hereinafter “Disciplinary Reason 4”) from November 18, 2013 to February 16, 2014 (hereinafter “Disciplinary Reason 3”).

B. On August 22, 2014, the Intervenor held a personnel committee and resolved on one month of suspension from office against the Plaintiff pursuant to Article 59 subparags. 1, 6, 18, and 19 of the Rules of Employment regarding each of the following misconduct committed by the Plaintiff. On August 25, 2014, the Intervenor took one month of suspension from office against the Plaintiff.

(hereinafter “instant suspension from office”) C.

On August 25, 2014, the Plaintiff filed an application for remedy with the Gyeonggi Regional Labor Relations Commission by asserting that the suspension from office of this case constitutes unfair suspension from office, and the Gyeonggi Regional Labor Relations Commission dismissed the Plaintiff’s application on October 27, 2014.

On December 3, 2014, the Plaintiff filed an objection to the review with the National Labor Relations Commission seeking revocation of the said early inquiry tribunal under the Ministry of Labor No. 2014 and No. 1228. The National Labor Relations Commission of January 21, 2015 is among the grounds for the instant disciplinary action.

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