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(영문) 서울행정법원 2015.04.23 2014구합18572

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

The plaintiff is a corporation that operates multi-family housing management business using 68 full-time workers.

2. Working conditions (1) Occupational categories: The Director of the Management Office (5) shall determine whether the work under this employment contract is extended according to annual work performance;

(6) General terms management period: This contract shall be automatically terminated if it is found to be unfit to work during the management period of up to three months after employment.

Other working conditions shall be governed by the relevant statutes, the rules of employment, and ordinary practices.

3. The term of a labor contract: The Intervenor entered into a labor contract with the Plaintiff on December 1, 2013 to November 30, 2014, and worked as the head of the management office of the office of the office of management of the office of officetels (hereinafter referred to as the “office of this case”), which is the operator of the instant office of this case, on December 1, 2013, and entered into a building management contract (two years of contract) with the Plaintiff on December 1, 2013, and the contractor entered into a labor contract with the Plaintiff on December 1, 2013 as follows: < Amended by Act No. 11718, Dec. 1, 2013; Act No. 11618, Dec. 1, 2013>

(hereinafter “instant employment contract”). On January 7, 2014, the Plaintiff sent a notice of termination of the employment contract to the Intervenor “(s) as of January 15, 2014 due to business consultation and lack of work attitude,” but refused to receive by the Intervenor. On January 8, 2014, the Plaintiff sent the said notice to the Intervenor with the content certification, but returned.

On January 15, 2014, the date of termination of business consultation and lack of working attitude: On the date specified above by the above reasons, you will start with the task and start the work for the remaining period after giving notice of termination at the end of the employment relationship with you, and the time required for employment will start after obtaining the approval of the company.

The details of the above notification are as follows.

On January 16, 2014, the Plaintiff issued a notice of termination of the above labor contract to the intervenors at the instant officetel management office.