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(영문) 서울고등법원 2019.02.15 2018나2041779
해고무효확인
Text

1. The plaintiff's appeal and the conjunctive claim for the amount added by this court are all dismissed.

2...

Reasons

1. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence examined by this court, the plaintiff's submission of the plaintiff's written resignation constitutes a declaration of intention not to be a truth, and the defendant's acceptance of the defendant's resignation constitutes dismissal and tort, and the court of first instance rejecting the plaintiff's claim seeking confirmation of invalidity of dismissal and payment of wages and consolation money is generally justifiable.

B. There is a difference in the statement of H and I, which reported the plaintiff's improper behavior after the plaintiff's submission of the plaintiff's resignation, and the plaintiff asserts that the court of first instance mistake of facts is based on this.

However, it is difficult, however, to view the submission of the Plaintiff’s resignation by not the truth, in the following respect, which are acknowledged by the evidence of this case.

In the same purport, we cannot accept the conjunctive claim that the plaintiff should compensate for damages equivalent to wages and consolation money, as the plaintiff added to this court, the plaintiff's assertion that the plaintiff's resignation is the plaintiff's expression of intent by deception or coercion of the defendant's employees, and the defendant's employer's liability for

① The investigation procedure against the Plaintiff was not intentionally collected by the Defendant, but was conducted by the Defendant’s information around the Plaintiff.

② A person who informed the Plaintiff of the contents unfavorable to the Plaintiff is not one person, but several persons, such as D, H, and I, and they individually informed each other of their grievances and complaints, instead of the same content.

All of them do not confirm the circumstances that they intend to see or imitate the plaintiff in bad faith, and H/I does not seem to have experienced in the normal plaintiff.

③ Both D, H, and I are employed as contractual workers on June 1, 2015. D retires on November 22, 2015, and H and I retired on November 30, 2015.

And all of them reported the Plaintiff’s complaint immediately before retirement (D on November 19, 2015, H and I on November 27, 2015).

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