해고무효확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff’s basic facts are the Defendant’s workers engaging in real estate development and management business, etc. from September 23, 2013 to December 2013, and the Defendant’s performance of duties, such as market information analysis for the shopping mall business promoted by the Defendant, recruitment of shopping mall occupants, etc. is no dispute between the parties.
2. The parties' assertion
A. On December 31, 2013, Plaintiff Defendant dismissed Plaintiff verbally without justifiable grounds. Since the foregoing dismissal is null and void, the Defendant is obligated to pay wages calculated at the rate of KRW 9,99,99 won (= KRW 3,333,333 per month x 3 months) and damages for delay, calculated at the rate of KRW 3,333,333 per month from January 1, 2014 to March 31, 2014, which is after the dismissal to Plaintiff.
B. The Plaintiff voluntarily withdrawn on December 2013, and the Defendant did not dismiss the Plaintiff.
3. The burden of proof as to the termination of a labor contract relationship due to dismissal is asserted against the Plaintiff in the lawsuit seeking confirmation of invalidity of dismissal and the lawsuit claiming wages due to unfair dismissal. It is insufficient to recognize that the Defendant dismissed the Plaintiff on December 31, 2013, and there is no other evidence to acknowledge this otherwise.
Rather, comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 and the overall purport of the pleadings in witness B’s testimony, the Plaintiff, from around October 2013, requested the Defendant to change his/her right of personnel such as his/her right to dismiss C on December 2, 2013 among the conflict surrounding the Defendant’s division of work, authority, and report, etc., but did not accept it.
4. The plaintiff's claim for conclusion is without merit and is dismissed.