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(영문) 서울행정법원 2017.10.19 2017구합60123
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a company that engages in taxi passenger transportation business, etc. using approximately 40 regular workers.

B. On March 31, 2016, an intervenor entered into a labor contract with the Plaintiff from April 5, 2016 to April 4, 2017 with the period of work from April 5, 2016, and prepared an application to the effect that “when the period of probation (six months) expires, whether to be employed shall comply with the company’s decision,” and served as a taxi engineer from April 5, 2016.

On April 5, 2016, an intervenor was absent from office without permission and absence from office without permission from June 20, 2016 to July 8, 2016, and notified the plaintiff that he would have no intention to work and that he will be dismissed on June 30, 2016.

In the case of an objection, the State shall present the reply and explanatory materials by July 13, 2016.

Notwithstanding the above disposition, if there is an intention to continue to work, the transportation revenue from June 30, 2016 to July 8 of the same year shall be deposited from July 13 of the same year, and it shall be known that no later than July 13 of the same year shall proceed to the new procedures for membership.

C. On July 8, 2016, the Plaintiff sent to the intervenors a notice of the cancellation of employment (retirement) (hereinafter “instant notice”) by content-certified mail as follows, but the instant notice was not served on the intervenors due to the absence of closure.

On July 29, 2016, an intervenor was notified by the National Health Insurance Corporation that his/her eligibility as an employment provided policyholder was lost on June 30, 2016.

E. Accordingly, the Intervenor asserted that he was unfair dismissal, and filed an application for remedy with the Seoul Regional Labor Relations Commission on September 5, 2016. The Seoul Regional Labor Relations Commission’s unilateral intent on November 1, 2016 constituted dismissal, and thus, constitutes a written notification under Article 27 of the Labor Standards Act.

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