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(영문) 대전지방법원서산지원 2020.05.07 2019가합240

해고무효확인 등

Text

1. The Defendant’s dismissal against the Plaintiff on September 12, 2018 confirms that it is null and void.

2. The Defendant on September 13, 2018, to the Plaintiff.

Reasons

1. The defendant is a company engaged in the operation, maintenance, etc. of power generation facilities, such as nuclear energy, water and thermal power;

B. The Defendant contracted with the Korea Western Power Generation Co., Ltd. for the plan for prevention and maintenance of coal-handling facilities related to the period of 1,6, and 8 (electric power plant) within C power plants as listed in the following table, and concluded a labor contract with the Plaintiff within the scope of the pertinent construction contract period by construction work of each of the following specifications.

The details of the duties shall be the term of a contract for a construction project during the term of a contract for a construction project for the term of the contract for a term of the contract for a construction project, March 10, 2015; from March 14, 2015 to April 16, 2015 to April 17, 2015; from April 16, 2015 to April 17, 2015; from April 18, 2015 to June 18, 2015; and from June 18, 2015 to June 11, 2015; < Amended by Presidential Decree No. 26506, Sep. 1, 2015; Presidential Decree No. 26502, Nov. 4, 2015; Presidential Decree No. 26507, Apr. 18, 2015>

On the other hand, on October 23, 2014, the Defendant concluded a daily employment contract with the Plaintiff and its construction work from November 1, 2015 to March 31, 2016, for the term of the contract.

Since then, the Defendant entered into the contract with the Plaintiff from April 4, 2016 to May 16, 2016, and from June 13, 2016 to September 12, 2016, a daily employment contract on the said construction work was concluded twice.

Since September 13, 2016 to December 12, 2016, the Plaintiff and the Defendant concluded an employment contract to which the annual salary system applies with the term of the contract from September 13, 2016, and extended the term of the contract by September 12, 2018.

E. Since then, the Plaintiff responded to the Defendant’s examination of the full-time conversion, but the Defendant notified the Plaintiff of the withdrawal of the full-time examination and the termination of the labor contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5, Eul evidence Nos. 1 through 10, 12, 14, and 27, and the purport of the whole pleadings

2. Judgment on the claim to nullify dismissal

A. The plaintiff 1 is a summary of the parties' assertion.