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(영문) 부산지방법원 2016.04.07 2015가합3702

해고무효확인등

Text

1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.

2. The defendant shall pay 8,309,008 won to the plaintiff.

Reasons

1. Basic facts

A. On May 12, 2014, the Plaintiff was enrolled in the Defendant with the permission of the Ministry of Employment and Labor as Uzbekistan.

B. At the time of the above membership, the Plaintiff entered into a labor contract with the Defendant during the contract period from May 12, 2014 to May 11, 2015, and the payment date of wages as the 15th day of each month (if the payment date of wages is a legal holiday, the preceding day thereof) (hereinafter “instant labor contract”).

C. From May 28, 2014, the Defendant was awarded a contract for work, such as supply and installation, etc. of vessel juthy by the Scream Co., Ltd. (hereinafter “the instant work site”) to the Defendant’s workers at the shop located at the time of treatment shipbuilding and ocean (hereinafter “instant work site”). From May 28, 2014, the Defendant had the Plaintiff work at the instant work site, not at the Ministry of Employment and Labor’s employment permit and the instant work contract.

Around November 2014, the Defendant dismissed the Plaintiff, and C Co., Ltd (hereinafter referred to as “C”) who is a collaborative company in the treatment shipbuilding sea, directed and supervised the Plaintiff from December 1, 2014 to January 31, 2015, and the Plaintiff continued to work at the instant workplace until January 31, 2015.

E. The Plaintiff received benefits as indicated in the following table in return for the above work.

On June 20, 2014, Defendant 2,149,00 on July 22, 2014, Defendant 1,933,050 on July 22, 2014; Defendant 2,291,700 on September 22, 2014; Defendant 2,121,590 on September 22, 2014; Defendant 1,985,887 on October 21, 2014; Defendant 1,854,074 on November 21, 2014; Defendant 2,065; 280,01,05; 01; 01,140; 35,000 on July 21, 2014; 301; 301,140; 40,010 or 16,06,00 local governments’ respective arguments on cash payment; 40,015, respectively.

2. The parties' assertion

A. On December 31, 2014, the Defendant pointed out the illegality of the Plaintiff’s working environment by the Plaintiff, and dismissed the Plaintiff on December 31, 2014.

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