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(영문) 창원지방법원 2020.01.16 2019가합51928
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 12, 2017, the Plaintiff entered into an employment contract with the Defendant who operates the Korea Lifelong Education Institute, and agreed to work as an English language teacher for elementary school after school education from June 26, 2017 to June 26, 2018 five times a week from June 26, 2017 to June 26, 2018.

After that, the Plaintiff and the Defendant concluded a part-time employment contract (hereinafter “instant employment contract”) on May 25, 2018 by deciding to change the Plaintiff’s work form into a part-time system. From June 28, 2018 to February 28, 2019, the period of service on May 25, 2018 was eight months from June 28, 2018 to February 28, 2019; two times from 12:0 to 18:00 per week; and 1.2 million won per month.

B. In accordance with the instant employment contract, the Plaintiff worked as a English language teacher for the after-school business at an elementary school located in Jinju-si. On August 27, 2018, the Defendant sent to the Plaintiff a written statement (hereinafter “instant notice”) stating that “The instant employment contract cannot be maintained as it is difficult for the Plaintiff to suffer difficulties, and immediately inform the Plaintiff of the conclusion during the discussions with the school. In the absence of a separate notice, the instant employment contract will end on September 26, 2018 pursuant to Article 15(2) of the instant employment contract.”

C. The Plaintiff provided labor until September 27, 2018, and the Defendant paid KRW 2,608,024 to the Plaintiff on February 8, 2019 as the monthly salary and retirement allowance in September 2018.

[Ground for recognition of facts] Unsatisfy, Gap evidence 12, Eul evidence 26 (including numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The assertion and judgment

A. On August 27, 2018, the Defendant asserted that the instant contract was terminated, sent the instant notice to the Plaintiff, and dismissed the Plaintiff. The dismissal of the Plaintiff is null and void on the ground that there is no ground for dismissal under Article 15 of the instant employment contract and Article 24(1) of the Labor Standards Act.

Therefore, the Defendant’s benefits of KRW 6 million from September 29, 2018 to February 28, 2019, the expiration date of the contract period, and the Plaintiff’s benefits of KRW 6 million on September 29, 2018.

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