(영문) 의정부지방법원고양지원 2017.06.09 2016가단92259

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(영문) 의정부지방법원고양지원 2017.06.09 2016가단92259

손해배상(기)

Text

1. The request is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a foreigner of Canadian nationality, and the defendant is a construction company.

The Plaintiff prepared a labor contract with the Defendant on April 12, 2016 through the Hague Hunter on April 12, 2016, and had the Defendant work as an e-mail operator in the Defendant Company from May 2, 2016.

In the process of employing the plaintiff, the defendant paid 7,221 Lb. to the Hague Hunter's workplace.

B. Of the employment contract, the term of probation period clause provides that “the probation period for the employee shall be three months and up to August 1, 2016. During the probation period, one week prior to the termination notice shall be given. When the probation period has been successfully completed, it shall be converted to regular employees. The company may, at its free discretion, extend the probation period.”

C. Meanwhile, on August 1, 2016, the expiration date of the training period, Defendant C notified the Plaintiff of the extension of the training period on the ground of “the Plaintiff’s unknown knowledge in the Korean language, etc.” and the Plaintiff responded to the Plaintiff. C notified the dismissal of the Plaintiff on the same day by e-mail.

On October 20, 2016, the plaintiff and the defendant made a compromise and a protocol of compromise by the Gyeonggi Regional Labor Relations Commission as follows.

1. The respondent (the “Defendant”) shall pay to the applicant (the “Plaintiff”) the amount of KRW 18,00,000 (the actual amount received) for settlement by October 27, 2016. If the respondent fails to pay the amount, 15% interest for the unpaid amount shall be paid in addition to the interest for arrears from the payment date to the payment date.

2. The applicant and the respondent shall be deemed to have terminated the employment relationship as of October 20, 2016.

3. The Parties to the instant case shall not raise any objection to future criminal and administrative matters in connection with the instant case.

(Provided, That a civil claim shall be excluded from a claim for recognition). [The fact that there is no dispute, each entry of evidence A No. 48, the purport of the whole pleadings]

2. Assertion and determination

A. The defendant's assertion is justified.

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