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(영문) 서울행정법원 2017.01.06 2016구합55292
부당해고구제재심판정취소
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

1. Details of the decision on retrial;

A. The Plaintiff is a company that is established on December 4, 2012 and runs a broadcasting and communications business with 150 full-time workers.

B. On April 1, 2015, the Intervenor joining the Defendant (hereinafter “the Intervenor”) concluded a probationary employment contract (hereinafter “instant employment contract”) with the Plaintiff between April 1, 2015 and June 30, 2015, setting the duration of the probationary period from April 1, 2015 to June 30, 2015.

C. On June 29, 2015, the Plaintiff notified the Intervenor that he/she was disqualified from appointment as a regular employee.

(hereinafter “instant refusal of principal employment”). D.

On July 1, 2015, the intervenor asserted that the refusal of this case was unfair and applied for remedy to the Seoul Regional Labor Relations Commission, but the Seoul Regional Labor Relations Commission dismissed the intervenor's request for remedy.

E. On October 8, 2015, the Intervenor filed an application for review with the National Labor Relations Commission. On January 7, 2016, the National Labor Relations Commission revoked the said initial inquiry court and accepted the application for remedy of the Intervenor, deeming that the refusal of this case’s employment constituted an unfair dismissal.

(hereinafter referred to as “instant decision on reexamination.” 【The ground for recognition. The fact that there is no dispute, Gap’s evidence Nos. 1, 2, 3, and 4, and Eul’s evidence No. 1, the purport of the entire pleadings, and the purport of the whole pleadings

2. Whether the decision on the retrial of this case is lawful

A. The plaintiff asserted that the plaintiff decided not to regularly employ the plaintiff as the head of the personnel division of the plaintiff, and thus, the plaintiff's refusal of this case is legitimate. Thus, the decision of the retrial of this case is unlawful, despite the legitimacy of the refusal of this case.

(b) An employer shall not dismiss, lay off, suspend, transfer a worker, reduce wages, or take other disciplinary measures (hereinafter referred to as "unfair dismissal, etc.") without justifiable grounds;

C. 1) The intervenor, on February 10, 2015, established a personnel planning/plan, human resource development/system improvement by the plaintiff from the labor agency C on February 10, 2015.

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