logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2019.05.22 2018가단52137
임금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,861,696 to the Plaintiff (Counterclaim Defendant) and its amount from March 15, 2017 to July 6, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant is a company that employs 10 full-time workers and runs the business of manufacturing, installing, and constructing the dead structure and steel structure.

B. On June 27, 2016, the Plaintiff joined the Defendant as an employee of the Technical Business Department. On December 5, 2016, the Defendant made a verbal notification of dismissal to the Plaintiff on the grounds of insufficient business ability and verbal abuse against the said employee.

(hereinafter “instant primary dismissal.” Accordingly, the Plaintiff filed an application for unfair dismissal with the Jeonnam Regional Labor Relations Commission. On February 6, 2017, the Defendant notified the Plaintiff of reinstatement and reinstated on February 8, 2017.

(A) The plaintiff's request for remedy was dismissed on the ground that the interests of remedy were extinguished.

On March 8, 2017, the Defendant dismissed the Plaintiff on the ground of unauthorized Shipment and absence from office, public relations and business activities of competitors, and low business performance.

(hereinafter “instant secondary dismissal.” The Plaintiff filed an application for remedy against unfair dismissal, and on July 31, 2017, the Jeonnam Regional Labor Relations Commission ruled that the dismissal was unfair, and the Defendant filed an application for review with the National Labor Relations Commission, but dismissed.

Accordingly, on January 19, 2018, the defendant ordered the plaintiff to be reinstated, and deposited the amount equivalent to the wages during the period of the second dismissal. D.

After reinstatement, the plaintiff reported about the dismissal of the defendant to the D Press and E Broadcasting Station, and filed a civil petition at public offices, etc. several times.

In addition, the plaintiff did not comply with the superior's work instruction after the conflict with his/her employees or after he/she was ordered to support his/her official duties (production).

Accordingly, the defendant dismissed the plaintiff again on March 20, 2018 after taking disciplinary action, such as reprimand, warning, and reduction of salary, etc., against the plaintiff.

E. On the other hand, the Plaintiff’s benefits after his entry amounting to KRW 2.5 million per month, and the Defendant’s benefits payment date is the last day of each month.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 4, and Eul 1.

arrow