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(영문) 광주고등법원 2015.04.10 2014나11474

해고무효확인

Text

1. Of the part demanding wages from June 17, 2013 to August 20, 2013, the following additional payments shall be made.

Reasons

1. The Plaintiff is a driving engineer, and the Defendant is engaged in the business, etc. of leaving and leaving the employees belonging to the Incheon NCC Co., Ltd. by employing more than five full-time employees.

On June 17, 2013, the Plaintiff reported the Defendant’s public notice of recruitment of large bus drivers, and visited the Defendant’s workplace on June 17, 2013, and received the service route training from the day to June 23, 2018, as ordered by the Defendant’s order that the interview will take place, the Plaintiff, who is a bus engineer belonging to the Defendant from the day to June 23, 2018, was accompanied by the bus engineer B and the vehicle operated by C, and delivered the city premium to the passenger plant in the large forest

On June 24, 2013, the Defendant expressed his intent not to employ the Plaintiff as an excursion ship through the team leader, and on June 25, 2013, the Plaintiff filed an application against the Defendant for remedy, such as unfair dismissal, with the former Local Labor Relations Commission.

On August 20, 2013, when the case for remedy is pending, the Plaintiff and the Defendant settled in the Jeonnam Regional Labor Relations Commission that “the Plaintiff shall be reinstated to the Defendant’s workplace as of August 21, 2013, and both the Plaintiff and the Defendant shall not file a civil or criminal objection (excluding civil lawsuit as to the amount equivalent to wages during the period of dismissal).”

On August 21, 2013, the Plaintiff concluded a labor contract between the Defendant and the Defendant stating that “the Plaintiff works as a driver of a combined vehicle from August 21, 2013 to August 20, 2014, and is paid KRW 1.6 million in monthly pay.” However, without having worked the following day, the Plaintiff expressed its intention to resign by wire to the Defendant.

On the other hand, the part relating to this case in the rules of employment of the defendant company is as follows.

Article 7 (Order) A person whose employment has been determined after passing the screening, practical skills, or aptitude test shall submit the following documents and receive an order three months after the expiration of the training period:

2. Driving Institute and Technical Institute: 1) A copy of the resume, 1) a copy of which is omitted, and 8 (In case of a trial company, whether they are qualified as new employees and as employees.