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(영문) 서울행정법원 2014.05.29 2013구합28442
부당해고등구제재심판정취소
Text

1. On October 8, 2013, the National Labor Relations Commission’s Central Labor Relations Commission is the center between the Plaintiff (Appointed Party), the Appointed Party B, and the Intervenor joining the Defendant.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an employer who is engaged in the manufacture, sales, etc. of automobile logs by employing 5,800 full-time workers in the Geumsan Factory, Daejeon Factory, etc. established on May 10, 1941 and employing 5,80 workers.

On October 1, 2002, the Plaintiff (Appointed Party; hereinafter the Plaintiff) was appointed on August 1, 2002; the Appointor B was employed as a production employee of the gold plant when referring to both the Plaintiff, the Appointor C (hereinafter the Plaintiff, the Appointor B, and C together with the Plaintiff, the Plaintiff “Plaintiff, etc.”; and when referring only to the Appointor B and C, hereinafter the Appointor”) was employed as a production employee of the gold plant.

B. (1) On March 12, 2013, the Intervenor Company held a factory personnel committee to issue a warning to the Plaintiff on the ground that “the Plaintiff was kept in a rest room, etc.” and issued a warning to the Plaintiff on March 3, 2013. (2) On April 12, 2013, the Intervenor Company held a factory personnel committee and issued a warning to the Plaintiff on April 15, 2013, the Intervenor Company issued a reprimand to the Plaintiff on the ground that “the Plaintiff distributed unauthorized printed materials to the Plaintiff on April 7, 2013,” and that “the designated parties actively participated in the Plaintiff’s distribution of printed materials,” respectively, issued a warning disposition on the ground that “the designated parties actively participated in the Plaintiff’s distribution of printed materials,” and issued a reprimand and warning to the designated parties on March 18, 2013.

(hereinafter referred to as "each of the instant disciplinary actions") C.

On April 29, 2013, the Plaintiff et al. filed an application for remedy with the Chungcheong Regional Labor Relations Commission by asserting that each of the instant disciplinary actions was unfair. On June 20, 2013, the Chungcheong Regional Labor Relations Commission dismissed all the Plaintiff et al.’s application for remedy on the ground that the grounds for disciplinary action were recognized and the disciplinary action is appropriate.

Plaintiff

On July 22, 2013, etc., a request for reexamination shall be filed with the National Labor Relations Commission.

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