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(영문) 서울중앙지방법원 2015.11.24 2015가합523277
해고무효확인
Text

1. We dismiss the part of the claim for nullification of dismissal among the instant lawsuit.

2. The defendant shall pay KRW 9,736,856 to the plaintiff.

Reasons

1. A work site for recognized facts: From June 26, 2013 to one month;

A labor contract may be renewed by the agreement between the parties in consideration of the supply and demand of human resources in the field, the level of function, the work performance, health, compliance with safety rules, etc. of the field.

Provided, That even if a contract is renewed, the maximum period of the contract shall be the date when the contract is terminated when the type of work and work in charge are completed.

Wages

1. The Plaintiff’s wages shall be KRW 100,000 per day per day per day, and the statutory allowances shall be calculated as follows:

(hereinafter omitted) Reasons for termination of the employment contract

1. Where he/she is absent from work on a monthly basis or for at least five consecutive days;

2. Where he/she neglects to perform his/her duties, such as failure to comply with safety rules, failure to wear safety outfits, failure to wear safety outfits, leaving his/her place of work without permission, and leaving away from work conditions.

2. The decision on whether to renew an employment contract shall be made on a monthly basis in consideration of functions degree, health, average work quantity and quality, materials shipping-in status, processes, performance of work instructions, occurrence of reasons for termination of an employment contract, etc.;

A. On June 26, 2013, the Plaintiff entered into a labor contract with the Defendant on the following terms: (a) the working site B and the contract period for one month; and (b) worked at the said working place from the contract date.

B. On May 21, 2014, when the Plaintiff entered into an employment contract with the Defendant on the same monthly basis as the Defendant, the Plaintiff entered into the employment contract (hereinafter referred to as “instant employment contract”) with the term “one-month employment period” as the last one-month employment period.

C. On June 28, 2013, the Plaintiff refers to a structure in the shape of a passage that extends to the public, such as a construction foundation, prior to the construction of cables, such as a disease, flood, etc., at the Defendant’s workplace.

During the course of painting work, temporary launchers are set up and affixed with a vertical seal, the number of executives on the left-hand side is over the temporary launch plate due to a storm.

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