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(영문) 서울동부지방법원 2016.06.01 2015가합107104
해고무효확인
Text

1. It is confirmed that the dismissal of the Defendant against the Plaintiff on April 1, 2015 is null and void.

2. The Defendant from April 21, 2015 to the Plaintiff.

Reasons

Basic Facts

The defendant company is a place of business to which the Labor Standards Act applies as a company for the purpose of crypt processing.

On November 10, 2014, the Plaintiff entered into an employment contract for internships that the Plaintiff provided the Defendant company with the chilled and processed labor at the Defendant company by determining the monthly wage of KRW 1.7 million from November 10, 2014 to March 9, 2015 (payment on March 20, 2015).

On March 10, 2015, the Plaintiff entered into the instant employment contract with the Defendant Company, providing chiller processing and packing labor, on the ground that the monthly wage of KRW 1.7 million (payment on the 20th of each month) was paid without fixing the period.

On March 23, 2015, the Plaintiff: (a) was involved in a traffic accident involving C, who is a volunteer staff, while leaving the Defendant Company, and was not present at the Defendant Company; and (b) on April 20, 2015, the Defendant Company paid KRW 300,000 to the Plaintiff.

[Ground of recognition] The Plaintiff’s assertion that there was no dispute, Gap’s evidence Nos. 1, 3, Eul’s evidence Nos. 1 through 3, witness D’s partial testimony, and the purport of the entire pleadings, was dismissed from the Defendant Company without justifiable grounds on April 1, 2015, and the Defendant Company’s dismissal procedure did not follow the procedure under the Labor Standards Act.

Therefore, the defendant company confirmed that dismissal made by the defendant company to the plaintiff on April 1, 2015 is null and void, and the defendant company is obligated to pay the wages calculated at the rate of KRW 1.7 million from April 21, 2015 to the date of returning the plaintiff, as requested by the plaintiff, to the date of returning the plaintiff.

Although the Plaintiff’s assertion that the Defendant Company had been able to provide labor in a minor state of injury, he/she implicitly provided the Defendant Company with notice of termination of the labor contract by removing all his/her personal belongings on or around April 2015, and the Defendant Company paid KRW 300,000 of the daily wage (from March 21, 2015 to April 20, 2015) on April 20, 2015, pursuant to Article 660(2) of the Civil Act, the labor relationship with the Defendant Company was terminated on or around May 2015, 205.

Accordingly, Defendant.

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