beta
(영문) 서울중앙지방법원 2015.04.10 2014가합56664

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.Article 1 (Duties of the Plaintiff) (1) The Plaintiff shall act in good faith as C’s staff members of C with all instructions to perform their duties at C’s workplace.

(2) The plaintiff shall be subject to C's death rules and shall comply with it.

Article 3 (Management) (1) All employees (including career positions) shall have a probationary period.

The probation period shall be three months, and shall be included in the number of years in continuous service.

(2) A company may, at any time during the training period, revoke the employment of any person whose performance record is poor or whose ability to perform his/her duties is deemed inappropriate for future business affairs.

(3) Where an extension is inevitable due to other reasons, such as efficiency and attitude of work even after the expiration of the probation period, the probation period shall be extended for three months by the agreement between the parties.

Article 5 (Termination of Contract) C may terminate an employment contract with the Plaintiff when the Plaintiff is deemed unfit for the pertinent work, when the cause of dismissal occurs due to either intentional or gross negligence in the course of performing the work, or by divulging confidential information.

On August 6, 2012, the Plaintiff concluded a labor contract with a patent firm C (hereinafter referred to as “C”) for a fixed period of three months, and the Defendant served in the C’s trademark register with the head of the department.

The main contents of the above labor contract are as follows:

B. C has a training staff member prepare a training performance (the quality of his/her duties and the quantity of his/her duties), ② his/her ability to perform his/her duties (the ability to perform his/her duties, the ability to perform such duties, knowledge of his/her duties, and understanding ability), ③ each item of his/her attitude (the sense of responsibility, positiveness, cooperativeness, the degree of suspension from office, and the attitude) to assess the amount of 'monthly, excellent, ordinary, and insufficientness'. Based on this, C has a training staff member’s final evaluation as follows: (i) a training member from the "monthly," a training member from the "average," a training member from the "average," and (ii) a training period extension for a training member from the "average," and (iii) a final evaluation as "unsatis."