1. The plaintiff's claim is dismissed.

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

1. On April 11, 1994, the Plaintiff was newly employed as a temporary worker B at the hospital affiliated with the college of the college of the single country (hereinafter “Defendant hospital”) established and operated by the Defendant, and was employed as a regular worker on August 1, 1994, and submitted a resignation certificate to the Defendant hospital on July 12, 1996, and was dismissed from office on July 31, 1996.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment that the plaintiff submitted a written resignation by the recommendation or coercion of the defendant hospital even though the plaintiff did not have any serious occupational error that could have been dismissed and there was no intention to resign. Thus, the defendant hospital asserted that the defendant hospital was in fact unfair dismissal of the plaintiff as of July 31, 1996 by taking the form of voluntary dismissal from office and without justifiable grounds, and at the same time, sought confirmation of invalidity of such dismissal and payment of the amount stated in the purport of the claim that the plaintiff could have been paid if the plaintiff was not unfairly dismissed from the defendant hospital.

On the other hand, in a case where the employer has an employee who has no intention of resignation prepare and submit a written resignation without any choice, and then terminates an employment contract by taking the form of a so-called dismissal for membership, it shall be deemed that the employment contract relationship is terminated by the unilateral intent of the employer and thus, it constitutes dismissal. However, unless otherwise, the employment contract relationship between the employer and the employee is terminated by the termination of the agreement by accepting the intent of resignation upon the submission of the written resignation. Therefore, the employer’s dismissal for membership cannot be deemed as dismissal of the employee. Thus, in this case, as alleged by the Plaintiff, the Plaintiff’s written resignation and the submission of the written resignation shall be inevitable against the Plaintiff’s will.