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(영문) 서울행정법원 2015.01.15 2014구합68317
부당해고구제재심판정취소
Text

1. On August 18, 2014, the National Labor Relations Commission rendered relief to unfair dismissal between the Plaintiff and the Intervenor.

Reasons

1. The circumstances leading to the decision on reexamination of this case

A. The Plaintiff is a company that employs approximately twenty-five full-time workers and daily workers and engages in light-scale steel framed and brick construction, etc. for construction.

B. During the construction process, Hansung Construction Co., Ltd. contracted construction to New Era Univers in the Philippines, and the Plaintiff was awarded a subcontract for construction work, such as Conveniers, on November 26, 2013, to Hanhwa Construction Co., Ltd. (hereinafter “instant construction work”) during the construction period from November 26, 2013 to April 30, 2014.

C. On January 24, 2014, the Plaintiff entered into a labor contract with the Intervenor joining the Defendant (hereinafter “the Intervenor”) and the Intervenor to the instant construction site on the condition that the Intervenor will serve as an associate. At the time, the written labor contract prepared by the Plaintiff and the Intervenor stated the following:

(hereinafter “instant employment contract”). The intervenors left the Republic of Korea on January 25, 2014 and worked at the construction site of the instant case.

Contract term: From January 25, 2014 to April 30, 2014.

Where a type of work conducted by “B” (hereinafter referred to as “participating”) has been interrupted even during the term of a labor contract due to inevitable reasons, such as natural disasters, such time shall be the date when the contract expires.

Provided, That even if a contract is renewed, the maximum period of the employment contract shall not exceed the completion date of the work conducted by the "B" at the construction site.

Wages

1. The monthly salary of “B” shall be calculated as 300,000 won per day x 25th day of each month, and shall be regularly paid on the 25th day of the month, and the above monthly salary shall be determined by the amount including all legal allowances, and the details thereof shall consist of:

Grounds for termination of employment contract

1. The expiration date of the visa period or the date of entry into the Republic of Korea shall be the expiration date of the employment contract;

J, the person involved in the instant construction, recommended the Intervenor on February 28, 2014 to leave the Republic of Korea on the ground of personnel reduction, etc., and “the air ticket March 3, 2014.”

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