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(영문) 서울행정법원 2015.01.08 2014구합62722
이행강제금부과처분 취소
Text

1. On April 14, 2014 and October 19, 2014, the Defendant imposed an enforcement fine of KRW 5,00,000 on the Plaintiff, respectively.

Reasons

1. Basic facts

A. The Plaintiff is an educational foundation that establishes and operates B (hereinafter “instant university”) employing 124 full-time workers.

B. On February 1, 2013, the Plaintiff entered into a labor contract with C, with the term of the contract from February 1, 2013 to July 31, 2013, and with the wage of KRW 2,083,00 per month (an amount equivalent to 1/12 of the annual salary amount of KRW 25,00,000) to employ C as a school bus driver of the instant university (hereinafter “instant labor contract”), but dismissed C on February 28, 2013.

(hereinafter “instant dismissal.” On the other hand, on February 25, 2013, the Plaintiff paid KRW 2,050,040,000, which deducts standing fees, income tax, and resident tax, to C’s wage of KRW 2,083,00,000. On April 19, 2013, the Plaintiff paid KRW 22,960,000 to the Plaintiff.

C. On March 25, 2013, C asserted that the dismissal of the instant case was unfair dismissal and filed an application for unfair dismissal with the Defendant.

Accordingly, on May 22, 2013, the Defendant confirmed that the instant dismissal was unfair on the ground that “C constitutes an employee under the Labor Standards Act, and the Plaintiff did not notify in writing the grounds for dismissal and the time of dismissal while dismissing C,” and determined that “within 30 days from the date of receipt of the written adjudication, the Defendant would pay the amount equivalent to the wages that could have been paid if C was reinstated to the original position and had worked during the period of dismissal.”

(K) Gyeonggi-do Educational Foundation A, No. 475, 2013, 2013, 475, hereinafter referred to as "the first inquiry court of this case"), and the order of remedy according to the above initial inquiry court (hereinafter referred to as "the order of remedy in this case").

On May 31, 2013, the Plaintiff served a written request for reexamination on this case. On June 7, 2013, the Plaintiff dissatisfied with the said initial inquiry court and filed an application for reexamination with the National Labor Relations Commission on June 7, 2013, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on August 9, 2013.

(Request for Re-Adjudication of Unfair Dismissal). (e) Application for Re-Adjudication of the Unfair Dismissal of School Foundation A, Central 2013, 475.

The defendant is the defendant of this case.

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