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(영문) 광주지방법원 2015.08.13 2014가합3315

해고무효확인 및 임금

Text

1. The Defendant shall pay to the Plaintiff KRW 13,683,725 and interest rate of KRW 20% per annum from July 21, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The defendant is a corporation established for the purpose of missionary activities at home and abroad, which operates D Council members, E Council members, etc. as part of the establishment of medical institutions and support projects for missionary activities at home and abroad, and A has worked as a water clinic at D Council members.

[A] After the filing of the instant lawsuit, died on May 22, 2014, and the Plaintiff, a mother of A, took over the instant lawsuit as a first-class statutory heir (hereinafter “A”).

[b] b.

On January 14, 2014, the Defendant and the Deceased concluded the following labor contracts (hereinafter “instant labor contracts”).

The term of a labor contract: The work site in the former North Chang-gun: The work site in the former North Korea on January 14, 2013 to January 13, 2014: The work hours in the physical therapy: 08:0 to 18:00 (work hours during a recess of 12:00 to 13:00): The work day/Holiday wage in each weekly holiday: 2,80,000 won.

C. On September 18, 2013, the Defendant sent a text message to the Deceased to the effect that “I attend the Disciplinary Committee on September 23, 2013,” and notified the Deceased of the fact of holding the Disciplinary Committee. On September 23, 2013, the Deceased attended the said Disciplinary Committee and responded to the questions of members of the Disciplinary Committee. The said Disciplinary Committee arbitrarily damaged the patient’s diagnosis and treatment car, and threatened the Director of the D Medical Center, etc., and determined that the Deceased participated in G’s activities, and that he was punished against the Deceased.

On September 24, 2013, the Defendant dismissed the Deceased on September 24, 2013.

hereinafter referred to as "the dismissal of this case"

(e) The Defendant’s rules of employment related to the instant case are as stated in the attached rules of employment. [The Defendant’s rules of employment are as stated in the attached rules of employment (the fact that there is no dispute over the grounds for recognition, as stated in the evidence Nos. 1 and 2, as well as the results of fact-finding conducted by the Gwangju

2. Determination as to the cause of action

A. Article 27 of the Labor Standards Act is the employer to determine whether the dismissal of the instant case is null and void due to procedural defects.