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(영문) 서울고등법원 2019.01.11 2018나2014456

해고무효확인

Text

1. The judgment of the first instance, including the Plaintiff’s claim changed in the trial, shall be modified as follows:

The plaintiff.

Reasons

1. cite the judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is as follows.

The judgment of the first instance is the same as the judgment of the first instance, except for the revision of the judgment of the first instance as provided in paragraph (2) and the addition of the judgment of the second instance.

It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. 1) The amendment part 1) from the fourth day of the judgment of the first instance to the effect that the dismissal of this case is unfair, and ultimately, is null and void. The dismissal of this case is "a confirmation of invalidity of the dismissal of this case" as "a confirmation of the Plaintiff's status as an employee", and the 6th day from the same side to 4.7 million won is "a confirmation of invalidity of dismissal of this case", and the 4th day from the same side to 14th day of the judgment of the first instance to "a confirmation of the status as an employee" respectively, and the 14th day from the same side is added as "a confirmation of the status as an employee."

“3) As seen above, the instant dismissal is legitimate and effective, and the employment contract between the Plaintiff and the Defendant terminated on April 23, 2016, which is the date of the instant dismissal.

On a different premise, the prior plaintiff's claim for confirmation of the status of employee is without merit.

A person shall be appointed.

2. In addition, even if the Plaintiff’s additional determination is based on Gap evidence Nos. 6, 7, 8, 11 through 14, Eul evidence Nos. 4, Eul evidence Nos. 11-1, 11-2, witness E and F’s testimony, it is insufficient to recognize the Plaintiff’s assertion as to the grounds for disciplinary action or abuse of discretion regarding the dismissal of the instant case, and there is no other evidence to reverse the factual basis or judgment in this part related to the foregoing cited part.

The Plaintiff’s assertion on the grounds of appeal that goes against this is rejected in entirety.

3. The plaintiff's claim for conclusion shall be dismissed for lack of reasonable grounds.

It is so decided as per Disposition by the decision of the first instance court, including the plaintiff's claim changed in the trial.