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(영문) 서울북부지방법원 2016.11.30 2016가합466

해고무효확인 및 임금

Text

1. It is confirmed that the Defendant’s dismissal of the Plaintiff on July 31, 2014 against the Plaintiff is null and void.

2. The defendant shall make the plaintiff 53,971.

Reasons

1. Facts of recognition;

A. The Defendant is a company operating a housing construction business, etc., and the Plaintiff, who graduated from the department of law at Korea University from November 201 to July 31, 2014, worked as a chief of a department from the Defendant’s compliance monitoring team (the name was changed from the legal team to the compliance monitoring team during the period of his/her service).

B. On July 16, 2014, the Plaintiff submitted a resignation letter to retire as of July 31, 2014 due to personal illness, and retired on July 31, 2014, and received the retirement pension on August 19, 2014.

C. On August 1, 2014, the Plaintiff was employed in the law firm credit.

After the plaintiff retired from office on November 25, 2014, the plaintiff filed a complaint with the defendant on the facts of intimidation, insult, violation of the Labor Standards Act (worker Violence), etc. The Seoul Northern District Prosecutors' Office prosecuted C on May 29, 2015 as the charge of intimidation and insult, and prosecuted the part of the charge of violating the Labor Standards Act among the facts of the complaint.

E. On February 17, 2016, the Seoul Northern District Court rendered a judgment of innocence on the grounds that part of the facts charged is not insult against the Plaintiff, and rendered a judgment of conviction for the remaining facts charged and sentenced C to a fine of KRW 2 million. The facts constituting the above judgment are as follows.

The defendant is the president of B, and the victim A is the person who served as the legal team leader of the above company from November 201 to July 2014.

1. Around October 2013, the Defendant threatened the victim, who was the legal team leader, of the Seoul Seongbuk-gu Office, with the appearance of the victim A, at the victim’s office located in Seongbuk-gu Seoul Metropolitan Government. However, the victim threatened the victim, such as “I would be able to move to the company easily,” and “I would throw away the legal team.”

2. Around June 10, 2014, the Defendant has company E, F, G, etc. at the president’s office located in Seongbuk-gu Seoul Metropolitan Government D.

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