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(영문) 서울중앙지방법원 2016.09.06 2015가합18157

해고무효확인

Text

1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Whether dismissal is legitimate;

A. On June 26, 2014, the Plaintiff entered into a labor contract with the Defendant. The Defendant dismissed the Plaintiff on July 16, 2014 without justifiable grounds.

Therefore, the defendant's dismissal on July 16, 2014 against the plaintiff is null and void.

B. A lawsuit seeking confirmation of dismissal of the relevant legal doctrine is recognized only in cases where it is valid and appropriate to obtain a judgment of nullification on dismissal, which is a previous legal act, in order to restore the original status based on a labor contract, or to eliminate existing risks or apprehensions in respect of other rights or legal status due to dismissal (see, e.g., Supreme Court Decision 92Da20149, Jan. 15, 1993). Therefore, if it becomes impossible to recover the status of an employee upon the expiration of the period of employment, there is no benefit in filing a lawsuit seeking confirmation of dismissal.

C. Based on the above legal doctrine, according to the following facts and circumstances acknowledged by comprehensively taking into account the following facts and circumstances, the Plaintiff and the Defendant have concluded a labor contract for six months on June 26, 2014, since the labor relationship between the Plaintiff and the Defendant was terminated on December 25, 2014, barring any special circumstance, the term of labor relationship between the Plaintiff and the Defendant was terminated as of December 25, 2014.

Therefore, the part of the claim for confirmation of invalidity of this case for the restoration of the status and status that have already been terminated is invalid as there is no benefit of confirmation, since it is not valid or appropriate to resolve the dispute.

(1) Around March 2014, the defendant has carried out counseling, etc. about C programs as its main duties as a means of organizing and operating the defendant B Team.