해고무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion that the plaintiff retired from the defendant is based on the defendant's unfair pressure, such as demanding an excessive business performance and the withdrawal from the defendant if the defendant fails to comply with such demand, and also taking measures to reduce the salary which the plaintiff would not be withdrawn from the defendant. Thus, the above dismissal constitutes a de facto dismissal. Since the above dismissal has defects in the procedure of loss of body as follows, it is invalid.
1) The Defendant did not notify the Plaintiff of the written statement stating the grounds and timing of dismissal, and did not call the personnel committee or give the Plaintiff an opportunity to vindicate, so the Defendant violated the procedure of dismissal as prescribed in the Labor Standards Act. 2) The Plaintiff did not have any ground for dismissal.
3. Although the Defendant was obligated to pay the industrial accident medical care benefits and retirement benefits to the Plaintiff, the Defendant did not pay at all.
2. The plaintiff, who was employed by the defendant on February 2, 2004 and worked in Section B as C, has no dispute between the parties as to the fact that the plaintiff was retired from the defendant as of August 1, 2006 by submitting a letter of resignation around July 2006.
However, the Plaintiff submitted a written resignation and retired from the Defendant did not present any evidence to prove that it constitutes de facto dismissal, as it was based on the Defendant’s unfair pressure. On the other hand, according to the evidence No. 1, the Defendant’s payment of retirement allowances to the Plaintiff on August 30, 2006. In addition to the circumstances that the Plaintiff filed the instant lawsuit at the time eight years elapsed after retirement, the Plaintiff’s assertion that the Defendant dismissed the Plaintiff is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.