부당해고무효확인 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 1, 2015, the pertinent Plaintiff joined the Defendant and worked in the Ulsan Factory Co., Ltd., Ltd. (hereinafter “Ulsan”). From November 1, 2015 to November 30, 2015, the Plaintiff engaged in ancillary work using PA by-products (hereinafter “instant work”).
B. On July 22, 2016, the Plaintiff prepared and submitted a resignation letter stating that “the Plaintiff shall resign due to personal circumstances” to the Defendant, and the Defendant accepted it. 2) On December 31, 2016, the Defendant sent to the Plaintiff a retirement allowance guide stating that the Defendant shall pay the Plaintiff KRW 2,717,81, total amount of retirement allowances and interest for delay from August 1, 2015 to July 31, 2016, from August 1, 2015 to July 31, 2016.
C. The Plaintiff’s disposition of non-approval of medical care and Plaintiff’s lawsuit 1) is the instant injury and disease at the hospital’s right superior and in order (hereinafter “instant injury and disease”).
(2) On September 7, 2016, the Korea Workers’ Compensation and Welfare Service filed an application for medical care benefits with the Korea Workers’ Compensation and Welfare Service, asserting that the instant injury and disease was caused by the instant work. (2) On September 7, 2016, the Korea Workers’ Compensation and Welfare Service rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to recognize the proximate causal relation between the instant injury and the Plaintiff’s work.”
3) The Plaintiff filed a lawsuit seeking revocation of the instant disposition (Ulsan District Court 2016Guhap975, hereinafter “relevant administrative case”).
(4) On April 6, 2017, the above court rendered a judgment dismissing the Plaintiff’s claim on April 13, 2017. The Plaintiff appealed against it (Seoul High Court 2017Nu21296). The above court accepted the Plaintiff’s appeal on December 6, 2017 and rendered a judgment that “the first instance judgment is revoked, and the instant disposition is revoked.”
On April 12, 2018, the above judgment was dismissed and finalized on April 12, 2018.
[Reasons for Recognition] A, Nos. 1, 2, 4, 8, 9, 10, 13, 14.