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(영문) 의정부지방법원 2014.12.03 2014가합51197

해고무효확인

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Around November 22, 2013, Defendant Company published a recruitment notice to recruit drivers who will take charge of delivery and supply of plastic products, and the Plaintiff applied for membership.

B. On December 2, 2013, the Plaintiff joined the Defendant Company and worked as a driver in charge of delivery and supply work of Gisung Corporation while driving five tons of wing wing vehicles.

C. On February 27, 2014, Defendant Company dismissed the Plaintiff by issuing a notice of cancellation of employment (hereinafter “instant notice of cancellation of employment”) to the Plaintiff.

(hereinafter referred to as “instant dismissal”). [The grounds for recognition] There is no dispute, entry of Gap Nos. 1 and 2, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion was an employee who entered into a regular employment contract with the Defendant Company on December 2, 2013, but the Defendant Company notified the Plaintiff of the dismissal without due cause. As such, the instant dismissal is null and void.

Therefore, the defendant company is obligated to pay to the plaintiff the amount equivalent to 2 million won per month, which is the wages that the plaintiff could receive if he had worked until he is reinstated to the plaintiff.

B. As to whether an employment contract was concluded between the Plaintiff and the Defendant Company, the Plaintiff asserts that, although Article 41(1) of the Rules of Employment of the Defendant Company stipulates that the wages of the Defendant Company during the period of settlement shall be paid 80% of ordinary wages, the Defendant Company paid the Plaintiff the full amount of the wages of KRW 2 million per month, the Defendant Company concluded a regular employment contract between the Plaintiff and the Defendant Company.

According to the evidence Nos. 3 through 6, it is recognized that the defendant company paid to the plaintiff monthly wage the amount calculated by deducting taxes and public charges from the basic salary of KRW 2 million per month from the basic salary of KRW 2 million per month, but on the other hand, the defendant company No. 2 and 6.