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(영문) 수원지방법원 평택지원 2017.02.15 2015가합2142
해고무효확인청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants related to the parties are joint operators of the Dental Care Center.

From February 11, 2014, the term "D Care Center", which is a sanatorium for older persons, is operated by 48 full-time workers. On October 29, 2013, the Plaintiff entered into a labor contract with the director E of D Care Center representing the Defendants (hereinafter "instant labor contract"), and performed the preparation of D Care Center openings and assistant nurses from November 18, 2013.

B. On February 11, 2014, the Plaintiff’s disposition of suspension from office against the Plaintiff was required to give prompt guidance to his/her guardian on the date of entrance into the National Health Insurance Corporation (hereinafter “the grounds for disciplinary action 1”), but the reason why the Plaintiff and his/her guardian were in dispute (hereinafter “the grounds for disciplinary action 1”) were taken out without any submission to the person in charge of personnel care benefits (hereinafter “the grounds for disciplinary action 2”) on February 14, 2014, which was that D medical care personnel unfairly requested long-term care benefits from the National Health Insurance Corporation’s office on April 14, 2014, the Plaintiff made a false accusation (hereinafter “the grounds for disciplinary action 3 grounds”) by submitting the “report on a long-term care claim agency” (hereinafter “the grounds for disciplinary action 4 grounds”), and the Rules of Employment No. 1281, Feb. 15, 2014, following the Plaintiff’s act of suspension from office (hereinafter “the grounds for suspension from office 15 months”).

(2) On August 25, 2014, the Plaintiff filed an application for remedy with the Gyeonggi Regional Labor Relations Commission by asserting that the instant suspension from office constitutes unfair suspension from office. The Gyeonggi Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on October 27, 2014.

On December 3, 2014, the Plaintiff appealed to the National Labor Relations Commission, and filed an application for review seeking cancellation of the above initial inquiry tribunal, and the National Labor Relations Commission on December 3, 2015.

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