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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. As of July 17, 2017, the term of the contract between January 1, 2018 and December 31, 2018, the Plaintiff and the Defendant entered into a labor contract with the labor department and its contents as a general hotel service officer/general/general, the total annual salary shall be KRW 50 million, and the monthly salary shall be KRW 4,16,680 (including basic labor pay, Saturdays work pay, and national holiday pay) as KRW 4,16,680 (hereinafter “instant labor contract”).
Article 12 of the Labor Contract of this case provides that "where a worker intends to retire, he/she shall notify the company 30 days prior to the submission of the written resignation so that there is no vacancy due to official seat, and shall perform his/her duties until the company obtains approval: Provided, That where the company solicits a recommendation agency as necessary, he/she shall pay a monthly salary equivalent to one-month compensation and receive unemployment allowances."
B. On March 31, 2018, while the Plaintiff provided labor under the instant employment contract, the Defendant offered a recommendation agency to the Plaintiff, and the Plaintiff submitted a resignation notice on April 5, 2017. The resignation notice is written on April 30, 2017 by the resignation date.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. As the Plaintiff and the Defendant decided to hold a recommendation agency, the Plaintiff and the Defendant are obligated to pay monthly salary of 4,166,680 won in accordance with Article 12 of the instant employment contract, since the Plaintiff’s term of employment was determined as of April 30, 2018 and the labor contract was terminated.
B. The Defendant’s payment of monthly salary for one-month of the recommended resignation under Article 12 of the instant employment contract constitutes only a case where the recommended resignation was made without the one-month pre-announcement period, and the Defendant did not have any obligation to pay the monthly salary because the period of one-month pre-announcement was given to the Plaintiff.
On the other hand.