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(영문) 서울행정법원 2016.10.06 2015구합75428
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 an incorporated foundation established on June 1, 2005 and ordinarily employs approximately 130 workers to perform classical music, and the Plaintiff is a person who served as a first-class member of the Plaintiff from June 1, 2005 as an intervenor.

The term of the labor contract on June 1, 2005 from June 1, 2005 to June 1, 2006, July 1, 2006 to June 1, 20006 to June 1, 2006 to June 1, 2009 to June 1, 2009 to June 30, 2012, June 30, 2012 to June 1, 2012 to June 30, 2012 to June 1, 2012 to June 30, 2013 to June 30, 2013 to June 1, 2013 to July 1, 2013 to July 1, 2013 to June 1, 2014 to December 14, 2013 to June 1, 2014;

The plaintiff and the intervenor entered into a labor contract on June 1, 2005 and renewed the labor contract on six occasions as shown below.

On the other hand, the contract of each labor contract concluded between the plaintiff and the intervenor provides the intervenor with labor, such as public performance and practice, at the place designated by the plaintiff, in accordance with the contents of the contract that the plaintiff designates. The plaintiff provides the intervenor with basic pay, overtime hours, night hours, holiday work allowances, wage, transportation expenses, basic annual salary, performance allowances, practice allowances, etc. for 456 hours per year. The working hours per day shall be in principle from 9:0 a.m. to 6:0 p.m., but may be adjusted according to the performance and practice circumstances, and in case of exceeding 8 hours per day or 40 hours per week, it is recognized as overtime work.

In addition, with respect to disciplinary action such as dismissal, it shall be subject to disciplinary action such as dismissal, etc. against the intervenor in cases where the intervenor's ability or record is considerably insufficient or it is judged that the intervenor cannot engage in normal activity due to his/her physical and mental disorder, and other matters not specially provided for in the labor contract shall be in accordance with the regulations such as the plaintiff's operating rules and the Labor Standards Act.

C. An intervenor on January 2, 2014

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