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(영문) 부산지방법원 2019.03.28 2018가합43626

해고무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company engaged in the business of building, selling and exporting ships, and the plaintiff was employed by the defendant on September 12, 2005 as the director of the production support team production and operation strike.

B. On November 29, 2017, the Defendant publicly announced a desired retirement as part of overcoming the business crisis and for corporate survival. On December 12, 2017, the Plaintiff submitted a desired retirement application to the Defendant on December 13, 2017, which is the following day.

C. On March 15, 2018, the Plaintiff sent an e-mail to the head of the Defendant Management Headquarters C requesting the withdrawal of his/her application for voluntary retirement. On March 30, 2018, the Defendant notified the Plaintiff of his/her resignation as of March 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 8-3, 9, and Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) Article 25(1) of the Defendant’s collective agreement provides that “when a company approves a member of his/her retirement, the company shall submit a letter of resignation and which shall take effect upon the company’s approval (approval).” The Plaintiff may freely withdraw his/her intent of retirement before the Defendant approves the Plaintiff’s retirement pursuant to Article 25 of the collective agreement. (2) As to the implementation of a voluntary retirement on November 29, 2017, the Defendant publicly announced that “the procedure for retirement: the scheduled date of approval for a voluntary retirement after the individual examination for the application for a voluntary retirement, and the application document: A voluntary retirement application form (a separate draft, such as a letter of resignation and a written pledge)” under Article 25(1) of the said collective agreement is the same as “written resignation” under the language and text, and thus, the effect of retirement takes effect only when the Plaintiff separately submits a written resignation.

3. However, on March 15, 2018, the Plaintiff did not submit a written resignation separately, and on March 15, 2018, before the voluntary retirement takes effect.