Section 1: Parties and Need for Remedy
Chapter 3: Entity Eligible for Remedy and Need for Remedy, etc.
2. Extinction of Need for Remedy
2.3 Extinction of Need for Remedy in Case that Employee Consents to Or Approves of His(Her) Dismissal
| Supreme Court, February 27, 1998, Decision 97nu18202 | |||||
| * Plaintiff/Appellant: A
* Defendant/Appellee: Chairman of the Central Labor Commission * Codefendant: Korea En○ Corporation 1. Facts: a. The Plaintiff was employed by the participating company on December 1, 1990, and was dismissed on April 15, 1996, for disciplinary reasons. b. The Plaintiff filed an unfair dismissal remedy application with the Seoul Regional Labor Commission, which ordered his reinstatement. However, the participating company appealed to the Central Labor Commission, which overturned the regional commission's decision and rejected the Plaintiff's remedy application. c. The Plaintiff consented to the dismissal during the ongoing lawsuit against the Central Labor Commission's decision to overturn the reinstatement order. 2. Court Judgment: If the employee agrees to or approves the dismissal during the lawsuit for revocation of the retrial of unfair dismissal relief, there is no longer any legal interest in pursuing the lawsuit seeking revocation of the retrial. Additionally, the Plaintiff's consent to the dismissal in this Case was due to compulsion by the participating company. However, this claim was not raised as a ground for appeal in the lower court, and there is no evidence to support it even after examining the records. Therefore, this claim cannot be accepted. |
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| Download : 대법 97누18202.pdf | |||||
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