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(영문) 대전고등법원 2015.08.20 2015누10160
부당해고 등 및 부당노동행위구제재심판정취소 청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The Plaintiff sought the revocation of the instant decision made by the first instance court, and the first instance court dismissed all of the decisions.

In regard to this, it is evident that the Plaintiff filed an appeal only to the part concerning the Intervenor C among the decision made by the reexamination of this case.

Therefore, among the decision made by the reexamination of this case, only the claim for cancellation of the part concerning the intervenor C among the decision made by the reexamination of this case is subject to the judgment by the court.

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

A. The Plaintiff of the parties is a corporation established as a non-profit corporation under the jurisdiction of the Ministry of Employment and Labor based on the Act on the Establishment and Management of Public-Service Corporations on July 1, 2003 and employed approximately 47 persons and run D business, etc.

The Intervenor C entered into an employment contract with the Plaintiff from the same date until July 31, 2013 on August 1, 2011 and entered into an employment contract with the Plaintiff as a contractual worker and worked at the F Team on July 31, 2013.

B. On May 10, 2013, the Intervenor C was subject to disciplinary action for one month of salary reduction (hereinafter “instant salary reduction disposition”) from the Plaintiff on the ground that he/she failed to perform his/her duties, etc.

C. On July 17, 2013, the Plaintiff notified the Intervenor C of the termination of the labor contract as of July 31, 2013, as the Plaintiff’s refusal to convert the Plaintiff into a regular position was rejected by the personnel committee for the Intervenor C’s regular position.

(hereinafter “Notification of Termination of the instant employment contract”) D.

(1) On August 9, 2013, the Seoul General Trade Union (hereinafter referred to as the “instant division”) branch of the Intervenor C and the Intervenor C (hereinafter referred to as the “instant division”) filed an application for remedy with the Seoul Regional Labor Relations Commission (Seoul Regional Labor Relations Commission) by asserting that the instant salary reduction disposition and notice of the termination of the labor contract against the Intervenor C were unfair disciplinary and unfair labor practices involving unfair dismissal and disadvantage.

(2) The Seoul Regional Labor Relations Commission rendered the instant salary reduction disposition on October 7, 2013.

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