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(영문) 서울행정법원 2018.10.11 2017구합3571
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a corporation established on November 14, 2012 and engaged in the wholesale, retail, and distribution business of agricultural, fishery, and livestock products with 20 full-time workers in the Chungcheong-gun voiceF.

B. The Intervenor joining the Plaintiff from September 2015 to October 2015, the Intervenor (hereinafter “ Intervenor”) had been working in the office located in Seongbuk-gu Seoul Metropolitan Area G (hereinafter “G office”) and had been working in the office located in Sungnam-si, Sungnam-si, and on July 6, 2016 from the Plaintiff on July 8, 2016 to the head office located in the Chungcheongbuk-gun, the Intervenor continued to work in the G office without complying therewith.

C. On July 29, 2016, the Plaintiff closed G Office as of July 31, 2016 to the Intervenor, and the same year.

8. From January 1 to December 201, 200, the Intervenor sent a notice of dismissal to the Intervenor on August 8, 2016, who did not work as the head office (hereinafter “instant transfer order”), on the ground that the Intervenor’s refusal to comply with the repetitive order of work instruction (hereinafter “instant dismissal”). D. The Intervenor filed an application for remedy with the Chungcheong Northern Regional Labor Relations Commission on October 25, 2016, and on December 22, 2016, the Chungcheongnam Northern Regional Labor Relations Commission (hereinafter “the instant transfer order”) issued a personnel order (hereinafter “instant transfer order”), and thus, the instant dismissal is justifiable, and there is no illegality in the procedure.

E. On January 26, 2017, the Intervenor dismissed the application for remedy on the ground that he/she was dissatisfied therewith and filed an application for review seeking cancellation of the said initial inquiry tribunal with the National Labor Relations Commission. On April 7, 2017, the National Labor Relations Commission dismissed the instant order of transfer on the ground that it is unnecessary to conduct business, and the instant dismissal did not give the Intervenor an opportunity to vindicate against the rules of employment. Therefore, there is a grave defect in the procedure.

“For reasons, the said initial inquiry tribunal was revoked, and all of the intervenors accepted the request for remedy.

hereinafter referred to as "the ruling of retrial in this case"). [The fact that there is no dispute over the grounds for recognition, A No. 1.

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