해고무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 29, 2007, the Plaintiff prepared and submitted a written consent of termination of employment to the effect that “the Defendant Company shall pay wages of two months different from the regular remuneration by the said date,” and that “the Defendant Company shall receive a decision that the Defendant Company shall terminate the employment of the Plaintiff on January 8, 2014,” and that “the Defendant shall pay wages of two months different from the regular remuneration,” and that the Defendant Company received it. The fact that the Plaintiff did not work for the Defendant Company no longer dispute between the parties, or that the Plaintiff did not work for the Defendant Company, can be acknowledged by comprehensively taking into account the overall purport of arguments as stated in the evidence No. 2 through 5 (including the serial number), and the purport of the entire statement No. 3.
2. The parties' assertion
A. Plaintiff 1) The Defendant Company dismissed the Plaintiff by having the Plaintiff sign on the written consent for termination of employment by force, network, etc. The above dismissal violates the procedure for written notification as stipulated in Article 27 of the Labor Standards Act and is null and void as it was made without good cause. Therefore, the Defendant Company shall pay to the Plaintiff wages at the rate of KRW 8,145,80 per month from January 9, 2014, which is the following day of the dismissal to the time the Plaintiff is reinstated. In addition, the Defendant Company paid the amount calculated by deducting the annual salary from 25% of the earnings earned in the previous year in the form of bonus to the radars at the end of February every year.
Therefore, according to the above bonus payment practices, the Defendant Company should pay to the Plaintiff KRW 152,250,000,000 calculated by deducting KRW 97,750,000 of the Plaintiff’s annual salary from KRW 25% of the profit earned by the Plaintiff in 2013, and delay damages therefrom.
B. The relationship between the Plaintiff and the Defendant Company with respect to the employment contract between the Plaintiff and the Defendant Company, upon voluntary submission of the written consent to termination of employment on January 8, 2014, and the Defendant Company.