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(영문) 울산지방법원 2018.12.20 2018가합417

해고무효확인 및 임금

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the council of occupants' representatives organized pursuant to the Multi-Family Housing Management Act for the management of the Ulsan Jung-gu B apartment.

B. Around March 2011, the Plaintiff entered into a labor contract with the Defendant as the head of B apartment management office every year with the term of the contract as one year, and then renewed the contract. Around March 2, 2015, the Plaintiff entered into a labor contract with the Defendant for one year from April 1, 2015 to March 31, 2016.

The plaintiff served as the B Apartment Management Office in accordance with the above employment contract.

C. On March 19, 2016, the Defendant decided that the council of occupants’ representatives, which was held on March 19, 2016, would not conclude the renewal contract with the Plaintiff, and around that time, notified the Plaintiff of the fact.

The Plaintiff continued to serve as the Director of the Management Office until April 30, 2016, and suspended the provision of labor from May 1, 2016.

[Reasons for Recognition] Facts without a dispute, Gap evidence 2, Eul evidence 17 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff alleged that the plaintiff had the right to expect the renewal of the contract with the defendant to renew the employment contract each year, but the defendant unilaterally refused to conclude the renewal contract, which constitutes a substantial dismissal.

Furthermore, the defendant did not go through the written notification for dismissal, and there is no justifiable reason for dismissal, and the above dismissal is null and void as an unfair dismissal.

Therefore, the plaintiff seeks confirmation of invalidity of the above dismissal, and seek the payment of wages that the plaintiff could have received during the period of dismissal against the defendant.

B. The defendant's assertion is merely that the defendant accepted the defendant's request that the new management office will continue to work until the new management office is appointed, and the contract of employment is terminated according to free will, instead of not concluding the contract of renewal, and the defendant did not dismiss the plaintiff.

3. Determination

A. Fact-finding ① The Plaintiff.