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(영문) 광주지방법원 2016.04.08 2015가합59209
해고무효확인 및 임금 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant company as a party is a company that engages in the business of manufacturing, selling, etc. of automobiles, and the plaintiff is an employee who entered the defendant company on January 1, 2005 and engaged in the business of assembling cars, etc.

B. On December 22, 2014, the Gwangju Regional Police Agency, including publication of the results of investigation related to employment fraud, announced the investigation results to the effect that “In spite of the absence of the intent or ability to have four employees, including the Plaintiff, including the former executives of the Defendant Company, employed the Defendant Company from January 2010 to November 2014, by deceiving the victims who want to be employed in the Defendant Company to have employment with an employment of 3.2 billion won from 60 victims, and then by deceiving them with an employment of 3.2 billion won from 60 victims.” This was published in various media reports around that time.

C. On January 30, 2015, the Defendant Company dismissed the Plaintiff and dismissed the Plaintiff on February 16, 2015, by holding a disciplinary committee against the Plaintiff, to the effect that the Plaintiff’s dismissal of the Plaintiff constitutes a crime of employment fraud and caused press reports on the crime of employment fraud, thereby impairing the reputation of the Defendant Company and impairing the Defendant Company’s flight.

(hereinafter referred to as “instant dismissal”) d.

After the conclusion of the relevant criminal judgment, the Plaintiff was convicted of committing the following fraud in the criminal case related to the employment fraud crime, and was sentenced to a suspended sentence of two years for one year (Seoul District Court Decision 2015Da432 Decided July 24, 2015), and the judgment became final and conclusive.

The defendant (the plaintiff, the following) was offered to be employed by the plaintiff (the defendant company, the defendant company, and the following) in order to pay the money so that he/she could be employed by the plaintiff (the defendant company) and agreed to invite a person to be employed by the plaintiff, and he/she did not have any person who was actually employed from his/her relative, such as C, D, E, while he/she introduced and delivered it to B for the employment of the plaintiff.

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