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(영문) 대전지방법원 2014.09.04 2014구합504
부당해고구제재심신청인용판정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

The following facts may be acknowledged if there is no dispute between the parties, or if the whole purport of the pleading is added to the entry of evidence A No. 1-2.

The plaintiff is a legal entity that ordinarily employs seven workers to engage in the art and landscaping business, and the intervenor is dismissed on May 30, 2013 while employed by the plaintiff on February 12, 2012.

On April 22, 2013, the Plaintiff notified the Intervenor to dismiss the Intervenor as of the end of May 2013 due to the Intervenor’s attitude or character of his/her service. On May 30, 2013, the Plaintiff notified the Intervenor of his/her oral dismissal (hereinafter “instant dismissal”).

On July 1, 2013, the Intervenor asserted that the instant dismissal constituted unfair dismissal, and filed an application for remedy with the Gyeonggi Regional Labor Relations Commission (KWD 2013, 974), and thereafter filed an application for monetary compensation order. On August 27, 2013, the Gyeonggi Regional Labor Relations Commission issued a monetary compensation order to the Intervenor to pay KRW 3,730,40,00 to the Intervenor, instead of the Intervenor’s reinstatement to his/her original position (hereinafter “the first inquiry court of this case”).

Accordingly, on September 30, 2013, the Plaintiff filed an application for reexamination with the National Labor Relations Commission (Central 2013 Deputy 853). On December 23, 2013, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the ground that the dismissal of the instant case is null and void due to serious procedural defects.

(hereinafter “instant reexamination decision” and the Plaintiff’s assertion on the grounds that the Intervenor was unable to properly understand the meaning, etc. of the notice of dismissal due to mental illness, and thus, the Intervenor’s mother notified the grounds and time of the instant dismissal to the Intervenor. In a case where the grounds and time of the dismissal is apparent and there is no normal business performance ability for the employee, the grounds and time of the dismissal are not necessarily to be notified in writing. Thus, the Plaintiff’s grounds and time of the dismissal

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