해고무효확인
1. The part of the Plaintiff’s lawsuit against the Defendant Republic of Korea demanding confirmation of invalidity of dismissal shall be dismissed.
2. Defendant.
1. Basic facts
A. On April 18, 2011, the Plaintiff entered into an employment contract with the Defendant with the term of the contract by December 31, 201, and began to work as the head of the Public Relations Planning Team under the Ministry for Food, Agriculture, Forestry and Fisheries. On January 1, 2012, the term of the contract was fixed as of December 31, 201 and renewed the employment contract by December 31, 201, and on January 1, 2013, the term of the contract was fixed as of March 31, 2013.
B. The Defendant Republic of Korea dismissed the Plaintiff on January 23, 2013, and paid the ordinary wages of 30 days from January 23, 2013 as dismissal allowances.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of the whole pleadings
2. On January 23, 2013, Defendant Republic of Korea asserted that the dismissal against the Plaintiff on January 23, 2013 was null and void, and that this part of the lawsuit is unlawful.
If the term of the employment contract is terminated after the dismissal, it is difficult to say that it is valid and appropriate to obtain the confirmation of the invalidation of the dismissal in order to recover the original status and status based on the employment contract.
(see, e.g., Supreme Court en banc Decision 95Da199, May 18, 2000). As seen earlier, since the term of a labor contract between the Plaintiff and the Defendant Republic of Korea expired on March 31, 2013, which was after the Plaintiff’s dismissal, the Plaintiff’s claim for confirmation of invalidity of dismissal is unlawful as there is no benefit of confirmation since the Plaintiff’s claim for confirmation cannot be a valid and appropriate means to restore its original status and status.
3. Determination on the claim for wages against Defendant Republic of Korea
(a) Article 13 (Termination, etc. of Employment Contracts) (2) The person having the right to employ shall fall under any of the following: