해고무효확인 등
1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Facts of recognition;
A. On May 2, 2019, the Plaintiff entered into a labor contract with the Defendant, who is engaged in the business of dispatching workers, etc., to take charge of the upper and lower-tier auxiliary work, the right to automated work, and the duties incidental to the logistics team’s aforementioned business (hereinafter “instant labor contract”) from May 2, 2019 to May 31, 2019.
B. On May 8, 2019 and around May 9, 2019, when the Plaintiff was affiliated with the Defendant and was in charge of the said duties, the extinguishment occurred between the Plaintiff and the Defendant’s warden. On May 14, 2019, the Defendant ordered the Plaintiff to issue a standby order from May 14, 2019 to May 31, 2019 on the ground that it is inappropriate for the Plaintiff to perform his duties due to the extinguishment with the manager.
C. Since then, the Defendant terminated the instant employment contract as of May 31, 2019 (hereinafter “instant dismissal”), which is the date when the contract expires, and on June 7, 2019, paid KRW 1,821,438 to the Plaintiff from May 2, 2019 to May 31, 2019.
The main contents of the defendant's rules of employment are as follows:
Article 8 (Settlement)
1. A new employee shall complete the management period for three months from the date of employment;
However, the company may, if deemed necessary or appropriate, omit, reduce or extend the above probation period.
2. The company may terminate employment without prior notice and any compensation for persons who are deemed unfit to continue to work during the probation period or at the expiration of the probation period; and
Provided, That in such cases, the company shall pay compensation for the number of working days.
Article 50 (Advance Notice of Dismissal)
1. When a company intends to dismiss an employee, it shall give advance notice thirty days prior to the dismissal or pay other thirty days’ ordinary wages in lieu thereof;
(hereinafter omitted)
2.Notwithstanding the provisions of paragraph 1 of this Article, the Company may dismiss the employee concerned without giving notice of his dismissal and paying an ordinary wage of thirty days in lieu thereof, for the following employees: