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(영문) 서울남부지방법원 2015.11.26 2015나5182

임금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the purport of the entire arguments as to the ground for appeal Nos. 1 and 2, the plaintiff was employed as an employee of the defendant from October 16, 2012, and the defendant dismissed the plaintiff on April 7, 2014 [it is not sufficient to recognize that the plaintiff voluntarily retired from the plaintiff, on the ground that the plaintiff did not dismiss the plaintiff, and on the ground that the statement of evidence Nos. 1 to 4, 6 (including the evidence No. 6) is insufficient to recognize that the plaintiff voluntarily retired from the office] The ordinary wages of 30 days at the time of dismissal of the plaintiff is 1,980,960. The main text of Article 26 of the Labor Standards Act provides that "the employer shall make a prior notice at least 30 days in order to dismiss the worker (including dismissal on the ground of management reasons)", and that the defendant shall pay more than 30 days ordinary wages to the plaintiff, as prescribed in the main sentence of Article 26 of the Labor Standards Act."

2. The defendant's argument regarding the defendant's assertion that the plaintiff's employee at that time was not only the plaintiff's employee at the time, but also the defendant's employee at that time was not the plaintiff's duty to pay the pre-determination of dismissal allowance to the plaintiff pursuant to the proviso to Article 26 of the Labor Standards Act. Thus, according to each of the evidence Nos. 1 through 4, and 6 (including the number No. 6) of the Labor Standards Act, the plaintiff demanded the increase of wages as agreed on April 7, 2014, and the defendant demanded that the plaintiff work immediately against the plaintiff, and the defendant must not work immediately. The defendant dismissed the plaintiff on April 7, 2014 because the plaintiff was absent from office. The defendant's employee at that time was the plaintiff's employee at that time, but this fact alone affects the plaintiff's business or property.