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(영문) 대구지방법원 2019.06.13 2018가합972

해고무효확인및임금

Text

1. The part concerning the claim for confirmation of invalidity of dismissal among the instant lawsuit is dismissed.

2. The defendant shall pay to the plaintiff KRW 42,00,000 and its amount.

Reasons

1. Basic facts

A. On September 21, 2017, the Defendant posted a public notice of employment (hereinafter “instant public notice of employment”) with the following content on the Worknet, a website for Internet job-seeking (hereinafter “instant public notice of employment”) as a corporation operating electrical construction business.

Separate bonus of base salary of at least 3,500,000 won and below the base salary of at least 4,000,000 won under the monthly wage conditions of work in the Daegu-gu Seoul Metropolitan City where the number of persons wishing not to engage in dispatch work is at least 12 months of employment contract with no relationship with the work experience conditions of electrical construction engineer (including public affairs and estimate personnel) and field agents (including field information) for recruitment for recruitment occupation: 10: 30: 8: 0: 0: 0: 0: 0: 0: 40 5-day employment pension, social insurance, employment insurance, industrial accident insurance, health insurance, and method of receiving the employment plan by the deadline for receipt of the screening method of the payment method of retirement benefits for the recruitment of the dispatched work;

B. The Plaintiff reported the instant employment announcement and submitted a resume by e-mail, and the Defendant’s employees D interview the Plaintiff at the head office on October 21, 2017.

C. After having interviewing the Plaintiff, the Defendant requested the Plaintiff to submit a certified copy of resident registration and career pocketbook to the Plaintiff, and the Plaintiff submitted a certified copy of resident registration to the Defendant on October 23, 2017, and the electrical construction engineer career pocketbook on October 25, 2017 respectively.

On October 25, 2017, the Defendant reported the acquisition of the fourth insurance to the Plaintiff, and registered the Plaintiff as the Defendant’s technician.

E. On October 31, 2017, the Defendant notified the Plaintiff that there was no plan for employment (hereinafter “instant notification”), reported the Plaintiff’s loss of the 4th insurance, and revoked the registration of the engineer.

F. On November 3, 2017, the Plaintiff asserted that the instant notification constituted unfair dismissal, and that it is unfair to the Gyeongbuk Regional Labor Relations Commission.