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1. It is confirmed that the Defendant’s dismissal of the Plaintiff on June 30, 2014 against the Plaintiff is null and void.
2. The defendant shall be the plaintiff.
(a) 42.
Reasons
1. Basic facts
A. The parties concerned are non-profit organizations that are established around September 2006 and employ 150 full-time workers and are entrusted with child-care centers. On September 1, 2013, the Plaintiff is a person who was employed by the Plaintiff and worked as the president of C child-care centers (hereinafter “C child-care centers”).
B. The Defendant’s dismissal disposition against the Plaintiff on May 28, 2014 following the resolution of the Personnel Committee (the grounds for disciplinary action against the Plaintiff on May 28, 2014)
1. Neglecting against the rules of employment;
2. Other cases of submitting a private document for personal reasons.
3. The number of rooms related to the financial affairs and accounting affairs (Embezzlement and misappropriation);
4. Do or unregistered stores for the operation of child-care centers;
6. The disciplinary action was taken on 30.30
(hereinafter “instant dismissal disposition”). C.
1) The Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission on July 2, 2014, asserting that the instant dismissal is unfair, and on August 27, 2014, the Seoul Regional Labor Relations Commission issued an order to pay the amount equivalent to the wages during the period of reinstatement and dismissal (hereinafter “instant remedy order”). On August 27, 2014, the Seoul Regional Labor Relations Commission issued an order to pay the amount equivalent to the wages during the period of reinstatement and dismissal (hereinafter “instant remedy order”).
(2) On September 25, 2014, the Defendant filed an application for reexamination with the National Labor Relations Commission on September 25, 2014. However, on December 10, 2014, the National Labor Relations Commission dismissed the Defendant’s application for reexamination on the ground that “the instant dismissal disposition was procedural defect and only some grounds for disciplinary action are recognized, and the same constitutes unfair dismissal because it is excessive for the Plaintiff to take disciplinary action.”
On January 16, 2015, the Defendant filed a lawsuit against the Chairperson of the Central Labor Relations Commission (Seoul Administrative Court Decision 2015Guhap5130, Jan. 16, 2015). On October 8, 2015, the said court filed a lawsuit for revocation of the decision of dismissal for unfair dismissal. As such, the instant disposition of dismissal was serious procedural defects.