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(영문) 서울행정법원 2017.08.25 2016구합8531
부당해고구제재심판정취소
Text

1. On September 21, 2016, the Central Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

The Plaintiff is a juristic person established on April 13, 201 and operated “C Disabled Short-Term Residence Facilities” (hereinafter “instant Short-Term Residence Facilities”) and “C Disabled Daytime Protection Facilities” (hereinafter “instant Daytime Protection Facilities”) to support the disabled’s living and self-reliance.

The Intervenor joining the Defendant (hereinafter “ Intervenor”) was employed by the Plaintiff on June 1, 2015 and served as a living rehabilitation teacher in the instant short-term dwelling facility.

On June 2, 2015, the Plaintiff drafted an employment contract between the Intervenor and the Intervenor in the name of “the head of the instant short-term dwelling facility D”.

On February 4, 2016, the intervenor argued D's husband's father and wife, as well as E, a workplace volunteer, around 18:30.

On February 5, 2016, 08:59 on the following day, the Intervenor stated that “F, who is the chief engineer of the instant short-term dwelling facility, shall not work at a show with E” by telephone. On the same day, at around 11:42, the Intervenor stated that “I will pay an annual leave because he/she is unable to work due to an erroneous, physical examination, face address, additional note, etc.,” but, on the other hand, from the Plaintiff’s side, he/she responded to the purport that “I will apply for leave even if he/she paid a annual leave, and resign if I want not do so.”

An intervenor did not attend the instant short-term dwelling facility from February 5, 2016 to November of the same month.

The F attempted to have a telephone call on February 11, 2016 but not connected to the intervenors, and the Intervenor sent a text message to F on the same day to the effect that “It is difficult to work at a shock by the next week.” The F sent this day to the effect that “It is not easy to work at a shock.........” The F sent to the effect that “it is difficult to work at a shock, even if it has been so doing, it is not easy for the intervenors to be unable to work at work due to the shock.” The sending of a certificate of hospitalization, written opinion of opinion, and written diagnosis acceptable to the Company.”

F The F is an intervenor on February 22, 2016

2. 5. From the date of continuous absence;

2.As of November, 200, retirement will be dealt with.

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