해고무효확인
1.The judgment of the first instance court, including any claims added at the trial, shall be modified as follows:
In the lawsuit of this case.
1. Basic facts
A. The Defendant is a corporation that manufactures and sells domestic and foreign fashion clothes (including clothes, eggs), cosmetics, native water and other miscellaneous articles, and wholesale and retail business.
B. On December 3, 2012, the Plaintiff entered into a labor contract between the Defendant and the term of the contract from December 3, 2012 to December 2, 2014; the annual salary is KRW 70,000,000,000 per month; and KRW 5833,333 per month (i.e., KRW 70 million ¡À12 and less than KRW 12; hereinafter the same shall apply) to pay the 23th day per month (hereinafter referred to as the “instant labor contract”); and the Plaintiff took charge of the Defendant’s new business practice by importing and selling the clothes of the trademark called “C”.
C. On November 12, 2013, D, the representative director of the Defendant Company, sent to the Plaintiff an e-mail with the purport that “explosive to this week, and the transferee of the business shall end up to the next week” (hereinafter “e-mail”).
On December 23, 2013, the Defendant paid the benefits to the Plaintiff by December 2, 2013, and on January 10, 2014, the Plaintiff paid the retirement benefits to the Plaintiff by deeming that the Plaintiff had worked until December 2, 2013.
【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings
2. On November 12, 2013, the Plaintiff asserted that the dismissal against the Plaintiff was null and void through the instant e-mail and sought the confirmation of invalidity of the dismissal.
With respect to the legitimacy of the suit, the suit for confirmation is permitted to eliminate the risk or apprehension with respect to the present rights and legal status. The suit for confirmation of invalidity of dismissal also becomes a valid and appropriate means for dismissal which is merely a previous legal act in order to restore the original status based on a labor contract or to eliminate the present risk or apprehension with respect to the present rights and legal status arising from dismissal.