해고무효확인
1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 6,384,930 and this shall apply.
1. Basic facts
A. The Defendant is a person who operates a fish driving school under the trade name of “B language driving school,” and the Plaintiff is a person who works in the English language driving school operated by the Defendant as an English instructor from January 2, 2015.
B. As the Plaintiff’s salary was modified since 2017, the Plaintiff entered into a new employment contract with the Defendant (hereinafter “instant employment contract”) on April 5, 2017, and the main contents are as follows.
Article 2 The term of the instant employment contract is from March 1, 2017 to August 31, 2018.
Article 3 The remuneration shall be based on the annual salary system of KRW 60,000,000, regardless of the operation and personnel of a driving school.
The payment date shall be the 10th of each month, and the detailed payment date shall be as follows:
(Additional Deduction shall not exclude taxes from 3.3%). ① From March to June, and from September to December, the service of Article 4 shall be based on the 20th day of a month in which the service of Article 4 is made on the 7,00,000 won per month.
C. Around November 2017, the Defendant notified the Plaintiff of the dismissal of the Plaintiff as of December 30, 2017 (hereinafter “instant dismissal”).
On March 1, 2018, the Plaintiff filed an application for remedy against unfair dismissal with the Regional Labor Relations Commission of Gyeongnam-do. The Defendant, on April 23, 2018, ordered the Plaintiff to work at work on the ground that the Plaintiff was reinstated on April 24, 2018, and the Gyeongnam-do Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on June 1, 2018 on the ground that “the Plaintiff was reinstated to his original post and there was no benefit of remedy.”
E. On July 2, 2018, the Defendant paid 14,350,000 won (the amount calculated by deducting 3.3% of the tax amount) to the Plaintiff as wages for the period from January 1, 2018 to April 23, 2018 (hereinafter “the instant dismissal period”).
F. Meanwhile, during the period from March 10, 2018 to April 22, 2018, the Plaintiff, within the instant dismissal period, is two days ( Saturdays and Sundays) per week from the language institute of “C”.