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(영문) 울산지방법원 2016.09.01 2016나20589

임금

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. Basic facts

A. The Plaintiff entered into an employment contract with the Defendant, a corporation that runs the chartered bus transportation business, etc. as a business, and served as the Defendant’s driver from July 18, 2012.

B. On July 2012, the Plaintiff, who served as the Defendant’s driver, illegally parked the bus in the Plaintiff’s home, and imposed an administrative fine on the Defendant.

In addition, on August 8, 2012, August 24, 2012, and August 30, 2012, the Defendant borne the repair cost, etc. due to the Plaintiff’s bus operation.

C. On August 30, 2012, the Defendant recommended the Plaintiff to resign, and the Plaintiff also recommended the Defendant to resign.

7.18.18.0

8. Until 30. Up to 30., a frequent defect of a vehicle has been made available to the company that the company should not have any seal, and this resignation is called for delivery.

The author tried to work for a long time in this company due to a vehicle defect, not an accident, but a vehicle defect.

‘Written resignation from the content of the service' has been presented and the service has been discontinued.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The accident that occurred while the plaintiff's alleged bus operation occurred due to the defect in the bus itself, such as the fuel supply system of the bus, and is not due to the plaintiff's negligence.

Nevertheless, the defendant recommended the plaintiff to resign, and the plaintiff prepared a resignation letter as above.

However, the Defendant demanded the Plaintiff to prepare a letter of resignation with the content of “a resignation due to individual circumstances”, and the Plaintiff rejected it, and unilaterally notified the dismissal by stating that “I will retire from office.”

The submission of the plaintiff's resignation constitutes a declaration of intention by an unrefinite declaration or coercion, which is in fact a dismissal by the defendant's unilateral declaration of intention, and the above dismissal was made in violation of the procedure without justifiable grounds.