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(영문) 수원지방법원 2018.09.12 2018가단510549

해고예고수당 및 위자료 등청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's cause of action is as shown in the annexed sheet "the cause of action".

The plaintiff asserts that the defendant is obligated to pay consolation money as he unfairly dismissed the plaintiff.

There is no evidence to prove that the defendant unfairly dismissed the plaintiff.

Rather, comprehensively taking account of the whole purport of the pleadings in Gap evidence Nos. 3, 3, 4 (including additional numbers) and Eul evidence Nos. 1, the plaintiff prepared a written employment contract with the defendant company around January 22, 2018. The desired date of employment is January 25, 2018. The three months after employment was agreed upon as the probation period, and the plaintiff began to work for the defendant company from January 25, 2018.

1. On February 20, 2018, the Plaintiff filed a petition against the Defendant on the ground of the failure to pay the advance notice of dismissal allowance against the Defendant to the Gyeonggi-do branch office of the Jung-gu Local Employment and Labor Agency, but confirmed that there was no violation of the law, on March 14, 2018, on the ground that his superior was pointed out that he did not work as soon as possible, and that the said case was closed on March 14, 2018.

As above, the defendant cannot be found to have unfairly dismissed the plaintiff, and thus the plaintiff's claim for consolation money shall not be accepted.

B. The plaintiff asserts that the defendant should pay the pre-employment allowance.

However, as seen earlier, it is reasonable to view that the Defendant did not dismiss the Plaintiff, but the Plaintiff voluntarily retired, and the Plaintiff is still in the probation period not subject to the advance notice of dismissal, and thus, the Plaintiff’s above claim is rejected.

2. Therefore, the plaintiff's claim of this case is dismissed as it is without merit.