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(영문) 대법원 2021.02.25 2017다226605
해고무효확인
Text

The judgment below is reversed, and the case is remanded to Busan High Court.

Reasons

The grounds of appeal are examined.

1. (a) Article 27 of the Labor Standards Act provides that, if an employer intends to dismiss a worker, the employer shall be notified in writing of the grounds and time of the dismissal;

The Act provides for the followings.

The purpose of this provision is to ensure that an employer is careful and easy to dismiss workers through written notification of the grounds for dismissal, etc., and that disputes surrounding the dismissal can be settled in a proper and easy manner after clarifying the existence and time of dismissal and the reasons therefor, and that employees can properly respond to dismissal. Thus, when an employer gives written notice of the grounds for dismissal, etc., the employer is required to ensure that the employer is aware of the reasons for dismissal in the workplace (see Supreme Court Decision 2011Da42324, Oct. 27, 201, etc.). However, if a person subject to dismissal is already aware of the reasons for dismissal and is capable of sufficiently responding to them, it cannot be deemed as a violation of the above provision even if the reasons for dismissal were not written in detail (see Supreme Court Decision 2012Da81609, Dec. 24, 2014). However, in light of the contents and purport of Article 27 of the Labor Standards Act, the employer is aware of the reasons for dismissal.

Even if the employer did not entirely state the grounds for dismissal while notifying the dismissal in writing, it shall be deemed to constitute notification of dismissal in violation of Article 27 of the Labor Standards Act.

B. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following facts.

1) The Plaintiff entered into an employment contract with the Defendant Company for a period of one year on November 30, 2009 as a person who is qualified as the New York Attorney-at-Law, and served at the International Legal Team of the Defendant Company around that time.

2) On March 8, 2011, the Plaintiff and the Defendant Company were effective from November 30, 201.

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