해고무효확인 청구등의 소
1. On September 4, 2014, Defendant B Company confirmed that dismissal against the Plaintiff is null and void.
2. Defendant C.
1. Basic facts
A. Defendant B Co., Ltd. (former D Co., Ltd.; hereinafter “Defendant Company”) employed the Plaintiff on September 1, 2014.
B. On September 4, 2014, the Defendant Company notified the revocation of the Plaintiff’s employment.
[Ground for recognition] Unsatisfy
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Defendant Company hired the Plaintiff as a regular employee on September 1, 2014 without a fixed period of time, and the Plaintiff’s annual salary agreed upon by the Plaintiff and the Defendant Company is KRW 28 million. Defendant C, the representative director of the Defendant Company, who is the Plaintiff’s employee, committed indecent act by force on September 1, 2014. The Defendant Company revoked the Plaintiff’s employment on September 4, 2014. This constitutes dismissal, and the said dismissal is only an act of forceing by force. Accordingly, the above dismissal is null and void. Accordingly, Defendant C’s claim for compensation against Defendant C is an indecent act on September 1, 2014, and is an unlawful act. This is a tort.
The Plaintiff incurred medical expenses (affirmative loss) and KRW 26,81,590 from September 5, 2014, the following day following the dismissal to November 2015 = 15,195,496 won (i.e., urban daily wage 1,89,437 x 8 months) from September 5, 2015 to September 4, 2015 (affirmative loss) from September 5, 2014 to KRW 26,881,59,590 from September 5, 2015 to May 4, 2015 (negative) (i.e., total amount of KRW 1,89,437 x 8 months) x 3,00 won from September 1, 2015 to KRW 30,00 (negative 1,921,450 x 4 months).