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(영문) 서울남부지방법원 2020.04.16 2019나60071

교육훈련비반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court of the first instance accepted the judgment are written and two pages 3 of the first instance judgment are written.

7. "13";

7. Along with the 13th order of exemption from reimbursement of education and training expenses, the 6th order of the first instance judgment “Article 7.1.1.1” is deemed to be “Article 7.1.1.1”, and 2-B of the first instance judgment.

In addition to the following cases, the part “judgment” of the first instance judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, on the grounds of the first instance judgment.

A person shall be appointed.

B. In light of the facts acknowledged earlier and the following circumstances that can be acknowledged by comprehensively taking account of the entire purport of the pleadings, the Plaintiff’s “in the event that he retires during the compulsory service period” under Article 7.11.1 of the Procedure for the Training and Service of Flight Crew Members cannot be interpreted to include “in the event that he retires during the compulsory service period,” “in the employer’s unilateral intention against the employee’s will against the employee’s will.

Therefore, on a different premise, the prior plaintiff's assertion cannot be accepted without examining the remainder of the issue.

1) The grounds for termination of an employment contract may be classified into retirement made by the employee’s doctor or consent, dismissal made by the employee’s unilateral intent against the employee’s will, and automatic extinguishment made regardless of the employee’s or employer’s intent (see, e.g., Supreme Court Decision 92Da54210, Oct. 26, 1993). Based on the foregoing meaning’s examples of “retirement” and “debris”, construing “retirement” as “retirement” under Article 7.11.1 of the Flight Crew Training Service Procedure Act as “retirement” is within the above meaning, insofar as it is inconsistent or inconsistent with the relevant provisions under Articles 7.11, 7.12, and 7.13 of the Flight Crew Training Service Procedure Act.

2. Meanwhile, it does not seem impossible to interpret that “an dismissal” includes as alleged by the Plaintiff, but such interpretation is not possible.