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(영문) 서울중앙지방법원 2015.01.29 2014가합526750

해고무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. There is no dispute between the parties regarding the fact that the Plaintiff, who operates a dental hospital from March 14, 2014 to March 1, 2014, provided patient counseling services, etc. to the Defendant’s employees.

2. The parties' assertion

A. On March 28, 2014, the Defendant dismissed the Plaintiff orally without justifiable grounds. Since the above dismissal is null and void, the Defendant is obligated to pay the Plaintiff wages calculated at the rate of KRW 2,708,330 per month from April 14, 2014 to the time the Plaintiff is reinstated.

B. The Plaintiff voluntarily withdrawn on March 2014, and the Defendant did not dismiss the Plaintiff.

3. The burden of proof as to the termination of a labor contract relationship due to dismissal is asserted against the Plaintiff in the lawsuit seeking confirmation of invalidity of dismissal and the lawsuit claiming wages due to unfair dismissal. Thus, it is insufficient to recognize that the Defendant dismissed the Plaintiff on March 28, 2014, and there is no other evidence to acknowledge this otherwise.

4. The plaintiff's claim for conclusion is without merit and is dismissed.