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(영문) 부산지방법원 2014.10.10 2014가합5602

해고무효확인

Text

1. It is confirmed that the Defendant’s dismissal of the Plaintiff on December 26, 2013 against the Plaintiff is invalid.

2. The Defendant on March 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who served as a supervisor, etc. in re-engineering, etc. with a certificate of qualification as electrical construction engineer, fire-fighting facility engineer (mechanic and electricity), and the Defendant is a corporation that operates electricity, machinery equipment design and supervision business, design and supervision business, etc.

B. On December 6, 2013, the Defendant sent to the Plaintiff a labor contract (hereinafter referred to as “instant labor contract”) stating working conditions, such as the Defendant, the Plaintiff, the Plaintiff, the place of employment, and the second urban apartment site of the same coal site (hereinafter referred to as “Dong coal site”), the type of occupation supervision (fire fighting), the period of the labor contract, from December 9, 2013 to February 8, 2016 (26 months), monthly salary of KRW 3 million (annual salary) and six months from the date of entry into the probation period, on which the Plaintiff signed and sealed the contract and sent it to the Defendant on December 9, 2013, and the Defendant again signed and sealed the contract and sent it to the Plaintiff.

C. On December 23, 2013, the Defendant sent to the Plaintiff a certificate of content that the Defendant would terminate the employment contract with the Plaintiff as of December 26, 2013 on the grounds that the Plaintiff is working for the Plaintiff, ① Company D (hereinafter “D”), ② failure to submit the employment documents, ③ the Plaintiff’s demand for the authentication of the employment contract to the Defendant, but the Plaintiff could not accept the documents because the documents were not yet shipped, and reached the Plaintiff around that time.

(hereinafter referred to as “instant dismissal”). [The grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1, 3, and 6 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. On November 29, 2013, the Plaintiff received employment notification from the directors E and the vice president of F in the Defendant’s Busan office, and completed the instant employment contract between the Defendant and the Defendant, and worked in the same field. The Defendant entered into an employment contract with the Plaintiff.

The plaintiff is the defendant.