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(영문) 수원지방법원 2018.01.12 2017가합14768

해고무효확인

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a person who employs 15 full-time workers as the representative located in Gwangju City, who operates a furniture manufacturing business, and the Plaintiff is a person who was employed from November 30, 2015 as a simple assistant to D’s production book and served as an assistant to painting.

B. On October 18, 2016, the Defendant notified the Plaintiff of the standby order, from October 19, 2016 to October 26, 2016, under Article 50(1)6 of the Rules of Employment, “Non-Preparation of the Labor Contract” as the ground for standby order, and Article 50(1)6 of the Rules of Employment as to the ground for standby order (hereinafter “instant standby order”), and the details thereof are as follows.

Reasons for dae-dae: Non-Preparation of the employment contract - The defendant shall enter into the employment contract on July 18, 2016 and the same year from the termination of the industrial accident care.

8. 18. Formally demanded the preparation of a labor contract on two occasions, including 18. Formally demanded the preparation of a labor contract, and on several occasions on a non-regular basis.

- Nevertheless, the plaintiff, without a positive intention to avoid entering into a labor contract, causes disputes, such as filing of a complaint, with the Ministry of Labor and Labor and the Labor Relations Commission, on the ground that the plaintiff has no grounds, and the third operation of the party is considerably difficult. Thus, the defendant notifies the plaintiff of a standby order based on Article 50 (1) 6 of the Rules of Employment.

Applicable Provisions: Article 50 (1) 6 of the Rules of Employment. Article 50 (Order of Issuance)

1. Where a member falls under any of the following cases, a standby order may be issued:

(6) Where it is necessary for the operation of the company.

C. On October 27, 2016, the Defendant ex officio dismissed the Plaintiff on the following grounds:

(hereinafter “Ex officio dismissal”. - The Defendant made considerable efforts to conclude the employment contract, but the Plaintiff still did not prepare the employment contract as of October 27, 2016, when the period of the instant standby order was past.

- Based on the above circumstances, the defendant is the plaintiff.