해고 무효 확인 및 임금
1. The part concerning the claim for confirmation of invalidation of dismissal among the instant lawsuit is dismissed.
2. All of the Plaintiff’s remaining claims.
1. Basic facts
A. The Plaintiff as a party is a Korean legal entity of the Netherlands Chemical Group for the purpose of producing powder, paint, etc., and the Plaintiff is an employer, who is a Korean legal entity of the Netherlands.
B. On November 10, 2015, the Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”) between November 10, 2015 and December 31, 2015 (hereinafter “instant employment contract”).
(2) The Plaintiff concluded a contract with the Defendant to receive wages of KRW 8,000 from the Defendant.
C. Around December 8, 2015, the Defendant notified the Plaintiff of the expiration of the term of the labor contract (hereinafter “instant notification”) to the effect that “the instant employment contract is terminated on December 31, 2015,” the Defendant notified the Plaintiff of the expiration of the term of the labor contract (hereinafter “instant notification”).
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings
2. Claims by the parties and the issues of the instant case
A. The period of the instant employment contract is merely the form of the Plaintiff’s assertion of the parties, and the Plaintiff is an employee with no fixed period.
However, even if not, at the time when the Plaintiff entered into the instant employment contract with the Defendant, the Defendant’s personnel team B would renew the instant employment contract as of January 1, 2016 to the Plaintiff.
“As the Plaintiff made a verbal agreement to the effect, the Plaintiff has the right to renew the instant employment contract.
However, since the defendant dismissed the plaintiff by the notification of this case without any justifiable reason, the above dismissal sought confirmation of nullity, and at the same time sought payment of wages and consolation money due to unfair dismissal of the defendant.
2. The Defendant’s assertion that the labor contract of this case was concluded by setting the period.
When the Defendant’s employee entered into the instant employment contract, he/she shall renew the instant employment contract to the Plaintiff.