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(영문) 광주지방법원순천지원 2017.07.20 2016가합13926
해고무효확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Facts not disputed, Gap evidence 1, 2, 3, 9, and Eul evidence 1 through 9 (including provisional numbers; hereinafter the same shall apply);

) Each description, the entire purport of oral argument) the term of the contract between April 12, 2012 and December 3, 2012, 2012, the term of the contract between the two offices and the two offices, from March 8, 2013 to November 3, 2013, and the two offices; and the two offices from May 4, 2014 to January 32, 2015; and the two offices from March 17, 2015 to November 17, 2015 to September 2, 2016, respectively.

A. The defendant is a seafarer and a company engaged in the ship management business, and the plaintiff is a person who entered into a labor contract with the defendant and worked as an engineer whenever on board the ship with the defendant as follows:

B. On January 11, 2016, pursuant to the above No. 5 labor contract (hereinafter “instant labor contract”), the Plaintiff worked on board a ship on January 11, 2016, and left the ship on August 1, 2016.

C. Around September 2016, the Defendant conducted an examination to allow the Plaintiff to board a class 1 engineer, but was found to have committed violence against the lower court and suspended the examination.

On January 24, 2017, the Defendant notified the Plaintiff of the conclusion of the contract of employment on board the ship departing from the port of Akia in Japan as a second class engineer on February 10, 2017. On January 26, 2007, the Plaintiff demanded the Defendant to proceed with the examination for boarding the ship as a first class engineer rather than a second class engineer.

However, the defendant subsequently notified that he would not conclude a labor contract unless he/she expresses his/her intention to conclude a labor contract by March 15, 2017 when refusing the plaintiff's request, and the plaintiff did not express his/her intention to conclude a labor contract by March 15, 2017.

E. Meanwhile, Article 1 of the instant employment contract provides for the term of employment contract as follows.

- The period of seafarer employment contract shall be eight months and shall begin from the date of departure in Korea (or, in the case of Korea, from the date of boarding), and shall end on the date of arrival in Korea (or in the case of Korea, from the date of disembarkation);

- The shipowner and the seafarer shall be thirty days when the seafarer labor contract expires.

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