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(영문) 대전지방법원 2018.05.24 2017구합106564
부당해고구제재심판정취소
Text

1. The National Labor Relations Commission’s dismissal on September 27, 2017 between the Plaintiff and the Defendant Intervenor A, Inc., Ltd.

Reasons

1. Details of the decision on retrial;

A. On March 1, 2016, Defendant Intervenor (hereinafter “ Intervenor”) entered into an employment contract between the Plaintiff and the Plaintiff operating the chartered bus transport business with the term of the contract from March 1, 2016 to February 28, 2017 (hereinafter “instant employment contract”) and had the Plaintiff serve as the Plaintiff’s chartered driver.

B. On February 13, 2017, the Intervenor driven the Plaintiff’s chartered, transported the students and the teaching staff who will attend the Da University Extension Training Council located in the racing Criart, and after having arrived at the aforementioned Riart, the Intervenor provided alcohol at the lodging room along with the car driving staff.

However, the representative E of the Plaintiff, who was accompanied by the above events, returned the key to the chartered bus from the Intervenor and returned the Intervenor, on the ground that the Intervenor was able to drink and avoid disturbance at the lodging.

On February 15, 2017, the intervenor sent a phone call to the representative director E, but the intervenor expressed his/her intention that he/she could no longer work together with the intervenor.

E. On May 1, 2017, the Intervenor asserted that the Intervenor was unfairly dismissed on the day of the said event and filed an application for unfair dismissal with the Busan Regional Labor Relations Commission, including an order for monetary compensation.

However, the Busan Regional Labor Relations Commission rejected the plaintiff's request for remedy on the ground that the remedy benefits are not recognized due to the expiration of the contract.

F. On August 1, 2017, the Intervenor appealed and filed an application for reexamination with the National Labor Relations Commission.

On September 27, 2017, the National Labor Relations Commission, even if the term of the labor contract expires, may recognize the intervenor's benefits as long as monetary compensation order is possible. In determining that the dismissal procedure was not complied with in the dismissal process, the Busan Labor Relations Commission revoked the decision of dismissal made by the plaintiff and further dismissed the intervenor on February 13, 2017.

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