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(영문) 대전지방법원천안지원 2016.08.26 2016가합250
해고무효확인 및 임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C (hereinafter “C”) is a business place that employs 39 full-time workers, and the defendant is a representative director C.

B. On June 2, 2015, the Plaintiff entered into a labor contract with the Defendant on the following terms: (a) the Plaintiff, from July 1, 2015 to June 21, 2016, at the site of the construction of the Defendant’s D apartment C (hereinafter “instant employment contract”); and (b) the Plaintiff entered into an employment contract with the effect that the Plaintiff shall perform the duties of installation of a mar house from July 1, 2015 to June 21, 2016; and (c) the Defendant shall pay the Plaintiff KRW 1,166

C. The Plaintiff did not work at all at the construction site of the above D Apartment after the instant contract was concluded.

On October 15, 2015, the Defendant filed a report on the changes in the employment of foreign workers, etc. with the Daejeon Regional Employment and Labor Office on October 14, 2015, and with the Plaintiff and the Defendant on October 14, 2015.

(hereinafter referred to as “the instant termination report”). 【The ground for recognition” is without any dispute, written evidence Nos. 2, and evidence Nos. 1 and 2 (including any number; hereinafter the same shall apply), the court’s fact-finding on the Busan Regional Headquarters of Korea Labor Welfare Corporation, and the purport of the whole arguments and arguments.

2. The parties' assertion

A. Article 27(1) of the Labor Standards Act provides that the employer shall notify in writing the grounds and time of dismissal when the employer intends to dismiss a worker.

The Plaintiff entered into the instant employment contract with the Defendant and provided labor from July 1, 2015. The Defendant unilaterally reported the termination of the instant contract to the Plaintiff without any notification, despite the absence of justifiable grounds.

(2) The Defendant is obligated to pay the Plaintiff KRW 1,166,00 each month, which is equivalent to the wage under the instant labor contract, from the date of the instant dismissal to the date of reinstatement, as it violates the Labor Standards Act and thus is null and void.

(b).

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