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(영문) 수원지방법원성남지원 2017.06.20 2016가합203045

해고무효확인 등

Text

1. It is confirmed that the Defendant’s dismissal of the Plaintiff on April 16, 2016 against the Plaintiff is invalid.

2. The Defendant on April 2016, to the Plaintiff.

Reasons

1. The following facts do not conflict between the Parties:

The defendant is a company for the purpose of distributing and selling semiconductor integrated circuits, and the plaintiff was employed by the defendant on September 1, 2004 as an employee of the business division.

B. The Plaintiff received each electronic mail from the Defendant, stating that his position was removed as of April 1, 2016, and that the employment relationship was terminated, along with the content that the Plaintiff would pay advance notice of dismissal and retirement allowances as of April 16, 2016.

(hereinafter referred to as “instant dismissal”) 2. The parties’ assertion on April 16, 2016

A. The Plaintiff’s assertion that the dismissal of the instant case is null and void because it is a unilateral dismissal without any justifiable ground for dismissal.

Therefore, the Plaintiff seeks confirmation that the dismissal of the instant case is null and void and sought payment of the amount of money at the rate of KRW 14,898,366 per month from April 1, 2016 to the time the Plaintiff is reinstated.

B. Before the Defendant’s assertion, the Plaintiff and the Defendant consulted on the terms and conditions of the Plaintiff’s resignation several times, and in the process, there was a notice that the instant dismissal was made as a layoff.

This case's dismissal has objective rationality and social reasonableness as it takes into account circumstances where other methods are difficult other than layoff due to urgent managerial needs.

Therefore, the dismissal of this case was lawfully made.

3. Determination

A. (1) Where an employer of the requirements for layoffs intends to dismiss a worker for managerial reasons, there must be urgent managerial needs, and (2) efforts shall be made to avoid dismissal, and (3) the person shall be selected in accordance with reasonable and fair criteria, and (4) the methods for avoiding dismissal and the criteria for dismissal, etc.