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(영문) 서울중앙지방법원 2017.02.15 2016가단123547

임금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant participated in a tender to select an enterprise to perform security duties in each of the U.S. Armed Forces units, and was selected as a security enterprise on June 25, 2015. On November 4, 2015, the Defendant entered into a “usfk Security Service Agreement” with the United States of America.

B. On January 7, 2016, the Plaintiff provided labor with the Defendant, and concluded a labor contract between January 8, 2016 to July 7, 2016, setting the place of work and performance duties from January 8, 2016 to July 7, 2016 as the USF usfk B and class class 1.

(hereinafter “instant contract”). C.

The defendant's employees are classified into ER(English Requied, English resources) and NAN(NN-English Requied, Non-English Resources).

The Plaintiff was classified as NER in the instant contract, and filed an objection to NER Classification with the Director on February 16, 2016.

On February 17, 2016, the Defendant released the Plaintiff from his position. On February 18, 2016, the Defendant notified the Plaintiff of “to return the distributed goods and to leave the supplies from the accommodation by February 20, 2016.”

E. The Plaintiff filed an application for remedy against unfair dismissal with the Gyeonggi Regional Labor Relations Commission (KWD 2016BJ 540), and on June 2, 2016, which was pending in the instant case, the settlement was concluded under the agreement as shown in attached Form 1.

(hereinafter referred to as “conciliation in this case”). [Ground of recognition] The fact that there is no dispute

2. The Plaintiff’s cause of the claim is ER, which is classified as NA and paid allowances.

The defendant unfairly cancelled the plaintiff's position and dismissed the plaintiff.

Based on the defendant's improper dismissal, the amount equivalent to the wages that could have been paid if the defendant had worked normally until July 7, 2016, which is the period under the contract of this case, is sought, national pension, and health insurance premiums.

The defendant's rejection of unfair dismissal and the demand for unfair accommodation, the compensation for damages such as rent, real estate brokerage, director's expenses, cleaning expenses, etc. shall be claimed, and the consolation money shall be claimed to be paid KRW 10 million.

3. The protocol of compromise drawn up by the parties at the Labor Relations Commission which has accepted the proposal of compromise shall be in accordance with the Civil Procedure Act.

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