beta
(영문) 서울남부지방법원 2019.01.17 2018나2733

임금, 휴업수당, 해고예고수당

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The party's assertion and judgment

A. 1) The Defendant, while dismissing the Plaintiff on July 6, 2017, did not give the notice of dismissal 30 days prior to dismissal, is obligated to pay the Plaintiff an advance notice of dismissal equivalent to ordinary wages for at least 30 days pursuant to Article 26 of the Labor Standards Act. Moreover, the Defendant was obligated to pay the Plaintiff an allowance of at least 70/10 of average wage as the Defendant suspended from May 9, 2017 to July 6, 2017. Accordingly, the Defendant is obligated to pay the Plaintiff an amount of KRW 3,679,200 in total, KRW 1,680,000 and KRW 1,99,200,000 in total, of the advance notice of dismissal, and the Defendant continued to engage in business as of March 3, 2017 to July 6, 2017. < Amended by Act No. 14830, May 9, 2017>

Therefore, the plaintiff's assertion is without merit.

B. Determination 1) Article 26 of the Labor Standards Act provides that “Where an employer intends to dismiss a worker, he/she shall give a 30-day advance notice in order to do so, and where an employer fails to give a 30-day advance notice, he/she shall pay a 30-day ordinary wage.” Article 26 of the Labor Standards Act provides that where an employer dismisses a worker, he/she shall give a 30-day advance notice, and where an employer fails to give a 30-day advance notice, he/she shall give a 30-day ordinary wage, and where an employer fails to give a 30-day advance notice, he/she shall give a 30-day ordinary wage to the employee in preparation for a new dismissal. Thus, the employer’s pre-announcement of dismissal shall be made by means of identifying the worker at a certain time or at any time (see, e.g., Supreme Court Decision 2009Do13833, Apr. 15, 2010).

Paragraph 1. Dismissal of workers shall be effective in writing pursuant to paragraph 1.