해고무효확인 등
1. It is confirmed that the Defendant’s dismissal of the Plaintiff on March 4, 2013 against the Plaintiff is null and void.
2. The defendant shall make the plaintiff 21,711.
1. Basic facts
A. The Defendant is a corporation mainly engaged in electrical construction business, etc., and the Plaintiff is a worker who was dismissed by the Defendant while employed again on December 26, 2012, when serving as a member of the Defendant company around February 2006.
B. On March 4, 2013, the Defendant notified the Plaintiff of dismissal on the ground of absence from office without permission.
(hereinafter “instant dismissal”)
C. Of the labor contracts between the Plaintiff and the Defendant, the contents pertaining to this case are as follows.
Article 29 of the Rules of Employment (Submission of Absence from Office)
1. When a worker is absent from work due to a disease or any other unavoidable cause, he/she shall submit a prior report of absence from work to obtain approval, and if there is an urgent reason, he/she shall report it by wire and obtain approval after the report in writing;
2. In the event of absence from work or approval, the absence from work without permission shall be treated as absence from work;
3. Where absence from work due to a disease is at least three days, a medical certificate of a doctor shall be attached.
Article 30 (Discharge and Outing) When a worker intends to retire early or outing due to a disease or any other inevitable reason, he/she shall report in advance and obtain approval from the company.
Provided, That where early retirement, outing, visit, etc. is not a business hour, it shall not be excluded from working hours.
Article 77 (Restrictions on Dismissal, etc.) No company shall dismiss, suspend, transfer, reduce wages, or take other disciplinary measures without justifiable grounds.
Article 78 (Dismissal) Any person falling under any of the following subparagraphs shall be dismissed:
1. Persons whose performance of duties is extremely poor, and who are unable to perform their duties due to their lack of improvement;
(i) Absence from work without permission for at least three consecutive days, because the attendance record is not good;
(i) [Grounds for recognition] without dispute, Gap evidence 7, Eul evidence 2, the purport of the whole pleadings
2. Judgment on the claim for nullification of dismissal
(a)the existence of grounds for dismissal;