(영문) 서울고법 1983. 11. 3. 선고 83나481 제12민사부판결 : 상고[해고무효확인청구사건][고집1983(민사편),448]
Requirements for dismissal of workers on account of false representation of their careers
In case where a worker has falsely indicated his career in concluding an employment contract, it shall be limited to the case where the causal relationship which would have had not been employed if the worker had not referred to as such false career in order to dismiss the worker for this reason is the important matters of work experience to the extent deemed to be reasonable in light of the relevant employment contract.
Article 27 of the Labor Standards Act
Plaintiff
Jinyoung Industrial Company
Seoul District Court Southern Branch Court (82 Gohap785)
The appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
On February 9, 1982, the defendant confirmed that dismissal against the plaintiff on February 9, 1982 is void.
The judgment that the lawsuit costs shall be borne by the defendant
The original judgment shall be revoked.
The plaintiff's claim is dismissed.
Litigation costs shall be assessed against the plaintiff at all of the first and second trials.
On February 9, 1982, the facts of disciplinary action against the plaintiff who is the provision of salary of the defendant company do not conflict between the parties. Upon full view of Gap evidence 1, Eul evidence 1, Eul evidence 2 (labor contract), Eul evidence 4-1, 2, Eul evidence 7 (Employment Notice and Minutes), and Eul evidence 7 (Employment Rules) which can be recognized as true by the testimony of the defendant Kim Jong-chul, the whole purport of the oral argument is as follows: if the defendant is found to be employed only on the part of the employees under Article 32 subparagraph 1 of the Rules of Employment, such as name, age, career, education, etc., when he is employed, he will be subject to disciplinary action, and if there is false information on the curriculum, etc. submitted by the defendant company with his consent, he will not raise any objection to the labor contract, regardless of the fact that the plaintiff had been employed in the defendant company's prior to 198.19.28.97.
The plaintiff, as stated in the resume, had worked in the above-mentioned mining industry, but had worked as a salary provision, which is an important job type at the non-party company's non-party company's work experience for a longer period. Thus, dismissal as above on the ground that the above-mentioned work place was invalid as it is without justifiable reasons. Thus, in light of the fact-finding result made by the members of the office of the Ministry of Labor with respect to each testimony such as public health witness order, Kim Jong-sung, and Lee Jong-sung, and the fact-finding to the head of the office of the Incheon Regional Office in the Ministry of Labor, the plaintiff's work experience at the above-mentioned 7th day from September 1, 1973 to February 21, 1981, it was clearly stated that the above-mentioned work experience at the non-party company's work experience at the non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's work experience.
Therefore, the dismissal of the defendant against the plaintiff shall be deemed null and void as it violates Article 27 of the Labor Standards Act. Thus, the plaintiff's claim of this case seeking confirmation shall be accepted on the ground of its reasoning. The original judgment is just in its conclusion, and the defendant's appeal against this is without merit, and the appeal costs shall be assessed against the losing party. It is so decided as per Disposition.
Judges Kim-sung (Presiding Judge)