2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant is a company with the purpose of the credit card transaction approval agency business, etc., and the fact that the plaintiff served as the defendant's employee from January 6, 1997 to September 24, 2012 and submitted a resignation certificate to the defendant on September 24, 2012 and retired on September 30, 2012 (hereinafter "the retirement of this case") is no dispute between the parties.

Plaintiff’s assertion

The defendant, in accordance with the practices of rebates in the industry, had the employees impliedly forced to conduct illegal business, but did not conduct an unfair audit and take responsibility to the plaintiff, and threatened the plaintiff as if he were subject to disciplinary action or criminal punishment without submitting a resignation, and ordered the plaintiff to transfer the plaintiff to a special business team that is unable to work normally.

Therefore, the plaintiff has been forced to retire from the Republic of Korea. Thus, the plaintiff's withdrawal from the Republic of Korea is substantially unfair.

Therefore, the withdrawal of this case is null and void, and the defendant shall pay to the plaintiff wages calculated at the rate of KRW 242,620,723 for 37 months from October 2012 to October 2015, and the wages calculated at the rate of KRW 7,803,845 per month until the reinstatement.

In addition, the defendant filed a complaint against the plaintiff who was unfair and dismissed, and the defendant committed an illegal debt collection act against the plaintiff, which constitutes a tort, and thus, the plaintiff should pay 10 million won as consolation money to the plaintiff.

Judgment

Even if the employer received a written resignation from the employee and completed the employment contract by taking the form of dismissal from the employee to accept it, if the employee without the intention of resignation makes the employee prepare and submit a written resignation without any choice, it shall be deemed as dismissal, as it actually terminates the employment contract relationship by the employer’s unilateral intent.

Supreme Court Decision 2000Da51919 Decided January 19, 2001