부당해고 금전보상
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
1. Basic facts
A. The defendant is a corporation established on December 19, 200 and run security service business with 260 full-time workers.
B. On October 1, 2015, the Plaintiff was employed by the Defendant, and the Defendant performed the B business within the modern steel port factory that was entrusted by Hyundai Steel Co., Ltd. (hereinafter “Modern Steel Co., Ltd.”). On October 22, 2015, the Plaintiff was dismissed on the ground that the Plaintiff’s refusal to conclude a labor contract, failure to insult and direct the company, and his/her work attitude during the training period was bad.
hereinafter referred to as "first dismissal".
(1) Article 5 (Period of Contract) (1) The term of contract is from October 1, 2015 to September 30, 2016, which is the period of the Defendant’s modern steel entrustment contract. (2) In principle, the term of contract between the Defendant and the Plaintiff upon the expiration of the term of contract under the foregoing paragraph (1) shall be automatically terminated. Provided, That where the Defendant and the Plaintiff continue to engage in the contractual relationship without a separate declaration of termination of the contract, the term of the contract shall be extended by the end of the relevant place of business (contract). (3) In the case of a new employee, notwithstanding the existence of his/her career, the term of the contract shall be set for three months from the date this contract becomes effective, and where the Plaintiff is deemed inappropriate during the period of probation, the contract may be terminated and terminated. In such cases, the Defendant shall notify the Plaintiff of the date of termination of the contract and the grounds for termination in writing. (Provided, That the said employee shall be set from February 1, 2016 to March 30, 201.
A person shall be appointed.
C. On January 22, 2016, the Defendant ordered the Plaintiff to reinstate, and the Plaintiff, on February 1, 2016, drafted a labor contract stating the following matters with the Defendant on February 2, 2016, upon reinstatement.
(hereinafter “instant primary employment contract”). D.
On February 29, 2016, the Plaintiff and the Defendant changed the Plaintiff’s working hours and wages, and re-written a written employment contract on February 29, 2016, which is different from the written employment contract on February 2, 2016, on February 1, 2016.