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(영문) 서울행정법원 2020.02.14 2019구합58261
부당해고구제재심판정취소
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. The Plaintiff is a local government that performs the duties of local autonomy administration, and is operating a city library located in ten areas, such as the B Library and the joint library (hereinafter “instant library”).

The intervenor entered into and renewed a labor contract on several occasions from June 1, 2003 to May 31, 2018, as shown in attached Table 1, and engaged in supporting work (such as lending and return of books, book-keeping, management of users, and arrangement of damaged books, etc.). In particular, from November 1, 2017, he/she entered into a labor contract with the plaintiff on May 31, 2018 as the expiration of the term of the labor contract with the plaintiff.

(B) The labor relationship between the Plaintiff and the Intervenor as above is collectively referred to as “instant labor relationship,” and the termination of the labor relationship on May 31, 2018 (hereinafter “the termination of the instant labor relationship”).

The Intervenor asserted that the termination of the labor relationship of this case constitutes unfair dismissal and applied for remedy to the Chungcheongnamnam Regional Labor Relations Commission. On September 28, 2018, the Chungcheongnamnam Regional Labor Relations Commission accepted the Intervenor’s request for remedy on the ground that the Intervenor’s request for remedy on September 28, 2018, “The termination of the labor relationship of this case constitutes unfair dismissal, as long as the Plaintiff had not gone through the procedures for deliberation on the conversion of the personnel committee under Article 16 of the instant provision, without going through the procedure for deliberation on the conversion of the personnel committee under Article 16 of the instant provision.”

(J) Chungcheongnam-Nam 2018, 334).

Accordingly, the Plaintiff filed an application for reexamination with the National Labor Relations Commission, and the National Labor Relations Commission rendered a decision of reexamination to dismiss the Plaintiff’s application for reexamination on January 25, 2019 on the same grounds as the above initial inquiry court.

(Central Review Decision 2018 Annexed 1242, hereinafter referred to as “instant Review Decision”). / [Grounds for Recognition] Facts without dispute, entry in Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the decision on the retrial of this case is lawful

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