logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.12.13 2018가합21056
해고무효확인
Text

1. The Defendant shall pay to the Plaintiff KRW 4,541,650 as well as 15% per annum from March 9, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. Around May 2012, the Plaintiff entered into an employment contract with the Defendant for a one-year term with the term of the employment contract with the Defendant, and entered into an employment contract with the Defendant as a nurse at the Defendant’s “A medical clinic in C”. After that, the term of the employment contract was renewed each year thereafter, the Plaintiff entered into an employment contract with the said hospital with the term of the employment contract at one year from January 1, 2017 to December 31, 2017, wherein the term of the employment contract was at one year from January 1, 2017 to 2,675,000 won.

B. In accordance with each of the above employment contracts, the Plaintiff worked as a nurse at a medical clinic in C and as a nurse, and the main fact and the support duty for the internal police room was conducted.

C. From December 1, 2017, the Plaintiff discontinued the provision of labor to the Defendant.

[Reasons for Recognition] Facts without a dispute, Gap evidence 2, Eul evidence 3 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on invalidity of dismissal and on the claim of wages arising from dismissal as a result of dismissal dismissal

A. On December 1, 2017, the Plaintiff asserted that the Defendant forced the Plaintiff to prepare a resignation document against the Plaintiff who wishes to be sick due to the aggravation of health due to excessive work, and ordered the Defendant to not attend work when refusing to prepare a resignation. The above measures taken by the Defendant constitute substantial dismissal.

In dismissing the plaintiff, the defendant did not go through all the procedures provided for in the Labor Standards Act, such as written notification, and there is no justifiable reason for dismissal. Thus, dismissal of the plaintiff is invalid due to the existence of serious procedural defect.

Therefore, the plaintiff seeks confirmation that the above dismissal is invalid as an unfair dismissal, and seek payment of the amount equivalent to the wages that the plaintiff could have received during the period of dismissal to the defendant.

B. The facts acknowledged prior to the judgment and the statements on Gap evidence Nos. 1 and 2 alone are insufficient to recognize that the defendant was actually dismissed as if the defendant forced or refused to submit a resignation to the plaintiff.

arrow