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(영문) 서울중앙지방법원 2014.01.06 2012가단5120477
임금
Text

1. The Defendant’s KRW 10,747,307 with respect to the Plaintiff, and KRW 5% per annum from July 15, 2012 to January 6, 2014, and the following.

Reasons

1. Basic facts

A. The parties’ status and the background of the entrusted operation of the welfare center (1) The defendant is a social welfare foundation that employs more than 120 full-time workers and operates entrusted operation business of a welfare center for persons with disabilities.

(2) Upon the waiver of the operation of the C Welfare Center (hereinafter “instant Welfare Center”), which was entrusted by the Ansan-si, to operate the C Welfare Center (hereinafter “instant Welfare Center”), around June 2010, the Defendant concluded an entrustment contract for the management and operation of the instant Welfare Center (hereinafter “instant entrustment contract”) with the period from July 1, 2010 to June 30, 2012, the Defendant was selected as the entrusted operator of the instant Welfare Center around June 20, 2010.

(3) On June 23, 2010, the Defendant issued a recruitment notice to the head of the instant welfare center (hereinafter “instant recruitment notice”) and subsequently appointed the Plaintiff as the head of the said welfare center on July 1, 2010 following an examination conducted with the public official, etc. of Ansan-si.

B. (1) After the Defendant issued a disposition of suspension from office against the Plaintiff on August 9, 2010, the Plaintiff defective the suspension from office (hereinafter “instant suspension from office”) for the period of September 3, 2010 (from September 6, 2010 to December 5, 2010) (hereinafter “instant suspension from office”) and applied for remedy to the Gyeonggi Regional Labor Relations Commission on September 24, 2010 (Game 116). The Gyeonggi Regional Labor Relations Commission recognized that the previous suspension from office was unfair on November 22, 2010.

(2) Accordingly, the Defendant dissatisfied with the foregoing determination by the Gyeonggi Regional Labor Relations Commission, filed an application for reexamination with the National Labor Relations Commission (Central 2010rd Sea 1512), but the National Labor Relations Commission dismissed the said application for reexamination on March 7, 2011.

C. (1) The Plaintiff’s transfer disposition to the Director General of Social Enterprise Support Bureau on December 3, 2010 on December 6, 2010 following the Defendant’s determination of unfair suspension of duties by the said Gyeonggi Regional Labor Relations Commission (hereinafter “instant transfer disposition”) upon the resolution of the board of directors on November 25, 2010.

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