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(영문) 서울중앙지방법원 2018.05.10 2017가합517337

해고무효확인

Text

1. We dismiss the part of the instant lawsuit claiming the return to their original position.

2. The defendant dated September 30, 2016 against the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that is established on February 14, 201 and employs at least five full time workers and conducts software business, system integration business, etc.

(hereinafter “Defendant Company”). (b)

On April 20, 2016, the Plaintiff entered the development team of the Defendant Company as the chief researcher, and entered into a labor contract with the Defendant Company as KRW 50,000,000 (monthly payment of KRW 4,166,660).

C. On September 30, 2016, the Plaintiff retired from the Defendant Company.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. Around August 2016, the Plaintiff’s summary of the Plaintiff’s assertion received a verbal notification from the Defendant Company to the effect that he/she was working until September 30, 2016 and was aware of another workplace, and was dismissed on September 30, 2016.

(hereinafter “instant dismissal.” The Defendant Company did not notify in writing the grounds for dismissal and the time of dismissal as stipulated in Article 27 of the Labor Standards Act in dismissing the Plaintiff, and thus the instant dismissal is unlawful as procedurally unlawful and invalid.

Therefore, the Plaintiff seeks against the Defendant Company to confirm that the instant dismissal is null and void, and to pay unpaid wages during the period of dismissal.

B. On August 12, 2016, the Defendant Company held a personnel committee with respect to the Plaintiff on the ground of the Plaintiff’s lack of work ability, failure to comply with legitimate work instruction, etc., and delivered the notice of recommendation resignation (Evidence 3) to the Plaintiff on August 16, 2016.

On September 30, 2016, the Plaintiff accepted a resignation recommendation of the Defendant Company, and voluntarily withdrawn from the Defendant Company.

The Plaintiff did not raise any objection against the Defendant Company before filing the instant lawsuit after receiving the payment from the Defendant Company for September 2016.

In light of these circumstances, the Plaintiff’s withdrawal was made by agreement between the Plaintiff and the Defendant.