해고무효확인
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. As to confirmation of invalidity of dismissal and claim for wages
A. On the grounds indicated in its reasoning, the lower court determined that the Plaintiff’s claim for wages during the period of dismissal and confirmation of invalidity of dismissal against the Defendant is unlawful in light of the principle of invalidation and the principle of good faith, even though retirement by the Plaintiff’s submission of resignation is not so-called dismissal from office,
Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the principle of invalidation, contrary to what is alleged in the grounds of appeal.
B. The plaintiff asserts that since the defendant's improper personnel measures were practically forced to resign, the plaintiff's submission of resignation should be subject to the Supreme Court's ruling that the submission of resignation is invalid due to the defendant's declaration of intention. However, the above A.
In light of the lower court’s determination, this part of the ground of appeal is not a legitimate ground of appeal, as it argues that the lower court did not render any judgment.
2. Regarding the claim of consolation money
A. Based on the facts acknowledged by the judgment of the court of first instance, the lower court determined that the Plaintiff’s conjunctive claim seeking consolation money due to unfair dismissal and unfair transfer also contravenes the principle of invalidation or the principle of trust and good faith.
Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the principle of invalidation, contrary to what is alleged in the grounds of appeal.
B. Meanwhile, according to the reasoning of the lower judgment, the Plaintiff asserted that the transfer of the instant case and the dismissal of a member of the Council were unfair transfer and unfair dismissal, and filed a lawsuit against the Defendant, the employer, claiming the consolation money of this case.
In light of the relevant legal principles, the plaintiff's restoration of honor and compensation to persons related to democratization movements.