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(영문) 서울북부지방법원 2019.09.19 2019가합22597
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant operates a restaurant (hereinafter “Defendant restaurant”) in the trade name of the store C.

B. On October 18, 2018, the Defendant employed the Plaintiff as an employee of the Defendant restaurant.

C. The Plaintiff worked in Defendant restaurant from October 22, 2018.

On October 25, 2018, the Defendant notified the Plaintiff of the dismissal by sending the text messages stating that “I will forward the molded phone number to the Plaintiff.”

(hereinafter “instant dismissal”) E.

Defendant restaurants are workplaces which ordinarily employ less than five workers.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 1 and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The defendant's assertion that the plaintiff's dismissal was unfair by dismissal of the plaintiff on two days only without any reason.

B. As seen earlier, Defendant restaurants are workplaces that ordinarily employ less than five gold bars, and Article 23(1) of the Labor Standards Act that “an employer shall not dismiss workers without any justifiable reason” does not apply to workplaces that ordinarily employ less than five workers.

In such cases, if the employment contract is not fixed, the employer may apply Article 660(1) of the Civil Act so that the employer may notify the termination of the employment contract at any time, regardless of the reasons therefor.

Therefore, the Defendant, who is an employer, can at any time notify the Plaintiff of the termination of the labor contract, so the dismissal of this case cannot be deemed null and void.

Therefore, the plaintiff's ground of invalidity of dismissal is without merit, and the plaintiff's claim for wages based on the premise that the dismissal in this case is invalid is without merit

3. The plaintiff's claim for the conclusion is dismissed as all is without merit.

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