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

A. The Defendant established and operated C Hospital (hereinafter “instant hospital”) under a non-profit medical corporation established for the purpose of establishing and operating a medical institution. From April 26, 2010, the Plaintiff served as a cook or kitchen at a restaurant within the instant hospital from April 26, 2010.

B. On January 8, 2018, the Plaintiff sent a mobile phone text message to the head of the original department of the instant hospital “to take a leave of absence due to a large number of body” and sent a photograph of the Plaintiff’s “damage to the revolving the revolving session” that the Plaintiff received from the hospital. D, upon receiving a report from the Plaintiff, sent the Plaintiff a retirement as of January 4, 2018. If the Plaintiff did not retire, it was dismissed from office without permission from January 5, 2018 to January 7, 2018 (hereinafter “instant text message”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 6, and Eul evidence 4-1 and 5

2. The parties' assertion

A. On January 8, 2018, the Defendant sent the instant text message to the Plaintiff on January 8, 2018 violates Article 27 of the Labor Standards Act, which provides that the Plaintiff shall be notified in writing of the grounds for dismissal, and ② is made without providing the Plaintiff with an opportunity to vindicate with the Disciplinary Committee, etc., and ③ there is no ground for dismissal. Therefore, the Plaintiff constitutes

B. The labor relationship between the Plaintiff and the Defendant is terminated by the Plaintiff’s declaration of intention of retirement, and the Defendant did not dismiss the Plaintiff.

3. The grounds for termination of a sales contract may be divided into retirement, dismissal, automatic extinguishment, etc.

Retirement is a worker's intention or consent, and dismissal is a unilateral intention against the worker's will, and automatic termination is automatically terminated regardless of the worker's or the employer's will.

Labor Standards Act.