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(영문) 수원지방법원안산지원 2016.07.14 2016가합56
무효확인 및 위자료
Text

1. Of the instant lawsuit, the part of the claim for nullification of paragraph (1) of the contract term of the employment contract as of December 1, 2015 is dismissed.

2...

Reasons

Facts of recognition

The defendant is a company that operates the apartment management business, etc., and is performing the apartment management business B in Si interest.

On December 1, 2015, the Plaintiff was employed by the Defendant and was placed as the said apartment security guard.

On December 4, 2015, the 12 apartment security guards, including the Plaintiff, concluded a labor contract with the Defendant on December 4, 2015 with the following four days after the date of the above employment.

(hereinafter “instant employment contract”). At the same time, the Defendant received a written resignation from the said 12 persons including the Plaintiff at the same time.

Work (Commission) Contract (Commission) A: Defendant B (worker) : The Plaintiff’s working place: the apartment house and the contents of the work: the contract period of security service (lease):

1. From December 1, 2015 to December 31, 2015:

2. Where a contract has not been renewed even after the expiration of the period of entrustment, the contract shall be withdrawn as of the expiration of the period of entrustment;

Probation Period:

1. A new employee shall have a probationary period for three months from the date of employment;

2. A person who is under probationary period or whose probationary period has expired and who is deemed inappropriate to continue to work may terminate his employment contract;

3. With respect to an employee of a regular course, a probationary period shall be included in the training; and

Article 9(1) of the Rules of Employment of the Defendant, which was applied at the time of the preparation of the instant employment contract, is stipulated as follows:

Article 9 (Temporary Employment Period) (1) A newly appointed employee shall be appointed as a full-time employee through a probationary period of at least three months (minimum six months) from the date he/she is employed in accordance with his/her career and the nature of his/her duties, and the period shall be specified in the employment contract.

On December 28, 2015, the Defendant notified the Plaintiff of the purport that “I shall not conclude a labor contract after the expiration date” (hereinafter referred to as “instant notification”) on December 31, 2015.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 6, 10, 11 each.

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