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(영문) 서울고등법원 2015.08.19 2015나2015335

해고조치 무효확인 및 임금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant is a company running businesses such as the operation of educational facilities and the entrusted management of dormitories.

B. On June 11, 2012, the Plaintiff entered into an employment contract with the Defendant during the contract period from June 11, 2012 to June 10, 2013; from June 22:0, 2013 to June 10, 2013, with annual salary of KRW 15,692,40 (payment on the fifth day of each month) (the contract was entered into on November 2012) and entered into an employment contract with the Plaintiff as the annual salary of KRW 15,692,40 (payment on the fifth day of each month) (the contract was entered into around November 201, 2012);

[Reasons for Recognition] Unsatisfy, Eul evidence 1-2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff and the Defendant made an oral agreement that the Plaintiff constituted a full-time employee with no fixed contract term at the time of concluding the employment contract, and the contract term stated in the employment contract is merely a formal form. Even if not, the said employment contract is automatically renewed pursuant to the proviso of Article 5 subparag. 2 of the Defendant’s employment rules, or is automatically renewed by continuing to work until June 18, 2013 even after the contract term expires on June 10, 2013, or was renewed by the Plaintiff’s renewed contract term. 2) Nevertheless, the Defendant notified the Plaintiff on June 17, 2013 to the effect that “the contract term expires” and dismissed the Plaintiff as of June 18, 2013. Thus, the above dismissal is null and void, the Defendant is obligated to pay the Plaintiff wages in proportion to the amount of KRW 130,000,000 from June 19, 2013 to the date of the said dismissal to the date of reinstatement.

B. On June 17, 2013, the labor contract between the Plaintiff and the Defendant is only terminated by the refusal of the Plaintiff’s renewal negotiation, and the Defendant did not dismiss the Plaintiff.

3. Determination

A. It is insufficient to recognize the fact that the Plaintiff and the Defendant made a verbal agreement that the Plaintiff constitutes a regular employee with no fixed contract period at the time of concluding the labor contract, only with the statement of evidence No. 1.