1. The plaintiff's claim is dismissed.

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

Facts of recognition

On December 27, 2016, the Plaintiff entered into a labor contract with C Co., Ltd. (hereinafter referred to as “Defendant”) with the content that the Plaintiff is engaged in production work at KRW 1,073,600, weekly paid leave allowances of KRW 201,300, and full attendance allowances of KRW 40,000.

Around January 2, 2017, the Defendant entered into a contract with D (hereinafter referred to as “D”) to enter into a product manufacturing and processing (pre-processing) business. Since entering the Defendant, the Plaintiff was in charge of parts assembly business at D places of business.

On January 9, 2018, around 13:00, the Plaintiff argued with other workers during the process of work, and the police was dispatched to the same workplace and was investigated by the Plaintiff’s report.

The plaintiff was at work on January 10, 2018, and returned home at the end of the conversation with E, and did not work thereafter.

On April 7, 2017, the Plaintiff filed an application for remedy against D, which is a contractor, with the Gyeonggi-do Regional Labor Relations Commission. However, on May 30, 2017, the Plaintiff was judged dismissed on the ground that the labor contract relationship between the Plaintiff and D cannot be recognized. While filing an application for review with the National Labor Relations Commission, the Plaintiff was determined to dismiss the application for reexamination on the same ground as August 17, 2017.

Although the Plaintiff filed an administrative litigation on April 12, 2018, the judgment of dismissal of the complaint (Seoul District Court 2017Guhap1324) was rendered on April 12, 2018, and the judgment of dismissal of the complaint was rendered on August 23, 2018 at the appellate court ( Daejeon High Court 2018Nu11041).

On the other hand, the defendant closed his business on March 31, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 through 5, 8, and 9, and the plaintiff asserted the purport of the whole pleadings as a whole, the plaintiff was dismissed from the defendant on January 10, 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 31,622,433 equivalent to the wages from January 10, 2017 to April 2018, and delay damages therefrom.

The defendant is absent from office without permission due to the dispute between the defendant's work bonus and the company's living.