퇴직발령무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Under the underlying facts, facts do not conflict between the parties, or may be found in each entry in Gap evidence Nos. 1, 7, and 9, taking into account the whole purport of the pleadings.
On September 1, 1999, the Plaintiff joined the Defendant Company and worked as a technician in charge of the semiconductor Project Division LSI (LSI).
저 P기술 1그룹 A 책임은, 지난 C자(字), 동아일보(A8면)에 개인적으로 게재한 “G H단체 위원장님께 여쭙는 몇 가지” 제하 의견(意見) 광고로 인해 향후 우리 조직이 혹여 처(處)할 수 있는 위기를 사전에 차단하고, 그 동안 열심히 하여 오신 G H단체 위원장께 뼈저린 아픔을 드린 것에 대한 저의 책임을 다하기 위해 이와 같이 사직(辭職)을 청원합니다.
B. On March 19, 2011, the Plaintiff published an opinion advertisement to the effect that it criticizes the excess profit-sharing system, and thereafter, the Plaintiff prepared a “private post” with the following contents, and submitted one copy of each of them to the E general affairs (the head of the manufacturing center), D chief (P Technology Group 1), who is the superior of the department to which the Plaintiff belongs, and F of the Trade Union (the head of the PP Technology Team), respectively, and the Defendant Company completed the retirement procedure against the Plaintiff on March 21, 201.
2. The parties' assertion
A. In the event that a problem arises, such as the formation of public opinion on criticism against the defendant company on the ground that the plaintiff who caused the advertisement of this case is the employee of the defendant company, the plaintiff formally submitted a resignation document in order to make the defendant company liable for and resign from the company, and the defendant company was also aware of this.
Therefore, the plaintiff's declaration of intention to resign is not a true declaration, but a false declaration of intention or a false declaration of agreement.
Even if the plaintiff's declaration of intention to resign is a strong intention, it was subscribed to terminate the labor contract relationship with the defendant company, and the plaintiff.