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(영문) 서울중앙지방법원 2016.09.23 2016가합513581

해고무효확인

Text

1. The Defendant shall pay KRW 369,340 to the Plaintiff the annual rate of KRW 15% from August 20, 2016 to the date of complete payment.

Reasons

Basic Facts

The defendant is a company that operates the interior design and construction business, and the plaintiff is a person who has worked for the defendant company from June 1, 2015 to November 2, 2015.

On June 1, 2015, the Plaintiff decided to work for the vice president at the Defendant Company as the vice president, and began to work, and the Plaintiff and the Defendant did not otherwise prepare a labor contract.

From July 7, 2015 to October 2015, the Defendant paid KRW 5 million each month to the Plaintiff as salary.

On October 21, 2015, the Defendant had talked with the Plaintiff to induce the Plaintiff to leave his job while holding an interview with the Plaintiff.

On November 2, 2015, the Defendant issued to the Plaintiff, by e-mail, a letter of resignation recommending the Plaintiff to the effect that, despite having given recommendation to the Plaintiff by frequent verbal violence against employees, private use of corporate cards, and the creation of a ties between employees, the act was repeatedly caused serious damage to the operation of the Defendant Company, and that, if the Plaintiff did not consent to the advice of resignation, the Plaintiff could be subject to managerial dismissal under Article 24 of the Labor Standards Act.

On November 2, 2015, the president of the Defendant Company C sent the Plaintiff’s personal goods to the Plaintiff via Kwikset Service. However, the Plaintiff refused to receive and returned the Plaintiff’s personal goods to the Defendant. On November 3, 2015, the following day, the Plaintiff sent the Plaintiff’s personal goods to the Defendant Company and retired from the Plaintiff’s personal goods.

On November 9, 2015 and December 1, 2015, the Plaintiff sent a content-certified mail to the Defendant to the effect that he/she refuses to recommend the Defendant to resign. On December 16, 2015, the Defendant sent to the Plaintiff a content-certified mail stating that “The Plaintiff dismissed the Plaintiff pursuant to Article 26 of the Labor Standards Act, on the grounds of the Plaintiff’s working attitude, influence with employees, embezzlement or breach of trust by taking advantage of duties, personal use of the corporate card, etc., and there is justifiable reason for dismissal.”

[Reasons for Recognition]