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(영문) 대법원 2019.10.31 2019다246795

임금

Text

The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

Reasons

1. The grounds for termination of an employment contract may be divided into retirement, dismissal, automatic termination, etc.;

Retirement is a worker's intention or consent, and dismissal is a unilateral intention against the worker's will, and automatic termination is automatically terminated regardless of the worker's or the employer's will.

Article 23 of the Labor Standards Act refers to the termination of all labor contract relations falling under the second, regardless of the name or procedure unfavorable to the actual place of business.

If an employer unilaterally terminates a labor relationship regardless of the employee's will, it should be considered that it is restricted by the Labor Standards Act as a dismissal.

(see, e.g., Supreme Court Decision 2014Da9632, May 30, 2018). Even if an employer received a resignation notice from an employee and completed the termination of an employment contract by taking account of the form of voluntary dismissal from office accepting it, in cases where an employee without an intention to resign is forced to prepare and submit a resignation notice without any choice but has to do so, it constitutes dismissal on the ground of the employer’s unilateral intent to terminate the employment contract.

(see, e.g., Supreme Court Decision 2000Da51919, 51926, Jan. 19, 2001). 2. According to the reasoning of the lower judgment and the evidence duly admitted, the following facts are revealed.

The defendant is a person who operates a restaurant in the name of "F" at the original city.

G, C, Plaintiff (designated parties, hereinafter referred to as “Plaintiffs”), Appointed D (hereinafter referred to as “Plaintiffs, etc.”) had worked as an employee in the above restaurant.

B. On November 30, 2016, the Defendant completed a meeting with the Plaintiff et al. and completed the meeting, and thereafter failed to operate the cafeteria to four persons including the Plaintiff et al.

No further responsibility shall be the same.

12. The same shall apply to the situation in which it is impossible to make monthly payments.