해고무효확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff is a foreign worker under the Act on the Employment, etc. of Foreign Workers (hereinafter “Foreign Employment Act”) as a person of the nationality of Sri Lanka.
The defendant is a company that manufactures recycled-related products, parts, etc.
B. On April 17, 2017, the Plaintiff entered into a labor contract with the Defendant with the employment permit for foreign workers from April 18, 2017 to July 6, 2019, and worked at the Defendant’s workplace.
C. However, the Plaintiff did not work at the Defendant’s workplace from June 23, 2017.
On July 3, 2017, the defendant reported the absence from employment security offices without permission. D.
On June 22, 2017, the Plaintiff filed an application for remedy with the Labor Relations Commission by asserting that the Plaintiff was dismissed as an unfair dismissal.
However, on September 7, 2017, the decision of dismissal was made on September 7, 2017 (Seoul Regional Labor Relations Commission No. 2017, 969). On November 30, 2017, the decision of dismissal was also made on November 30, 2017 (Central Labor Relations Commission No. 2017, 992).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff could not work on the part of the Defendant before commencing night work on June 22, 2017, for the following reasons: (a) the Defendant’s side manager, etc. complained of the Plaintiff’s flabage, pushed, pushed, and did not work in the future.
Accordingly, the plaintiff was in a room where the police station remains in order to receive hospital treatment and report the change of employment to the police station. The defendant reported the changes in employment to the employment of the plaintiff to the employment security office if the plaintiff left without permission.
Since the defendant dismissed the plaintiff on June 22, 2017, the defendant sought confirmation of invalidity of dismissal and payment of wages during the period of dismissal.
3. Determination
(a) “Dismissal” means dismissal against the will of the worker, regardless of the name or procedure disadvantageous to the workplace;