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(영문) 서울중앙지방법원 2020.01.09 2018가합510524

해고무효 확인 등 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is that the Defendant is a company established by the Multinational Enterprise C Group with its headquarters in France on January 1, 2013, which is engaged in legal support affairs, etc. for seven brands affiliated with C Group entering Korea, and the Plaintiff was working as the head of the legal affairs team in the Defendant Company.

B. Notice of termination of the employment contract for the plaintiff

1. Employment of the Defendant shall employ the Plaintiff, and the Plaintiff agrees to accept the employment of the Defendant on the following terms for responsibilities and duties as the head of the legal team of the Defendant:

Position: Head of the legal affairs team (C Group legal affairs responsibilities)

2. The duration of training shall be completed for a period of three months after the employment of a forest;

If the expiration date of the training period is a holiday, the following day shall be determined as the expiration date of the training period.

However, the defendant may, if deemed necessary or appropriate, reduce or extend the above probation period.

The defendant may terminate employment without prior notice and any compensation for any person whose probationary period or probationary period has expired and whose continuous employment is deemed inappropriate.

In such cases, the defendant shall pay compensation for the number of working days.

4. Compensation;

d. An annual bonus may be paid according to the company’s performance.

1) On November 1, 2016, the Plaintiff entered into an employment contract with the Defendant with the following terms and conditions (hereinafter “instant employment contract”).

(2) On April 20, 2017 and April 27, 2017, the Defendant recommended the Plaintiff to voluntarily withdraw from employment, and the Plaintiff rejected the recommendation, and notified the Plaintiff of the termination of the employment contract as of May 27, 2017.

(hereinafter referred to as the “instant measure”) notification of the termination of the employment contract.

On May 29, 2017, the Plaintiff asserted that the instant measure constituted unfair dismissal, and filed an application for unfair dismissal as D. The Seoul Regional Labor Relations Commission.