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(영문) 부산지방법원동부지원 2017.08.25 2016가합515
해고무효확인등
Text

1. The Defendant’s KRW 13,926,443 to the Plaintiff and KRW 5% per annum from April 14, 2017 to August 25, 2017.

Reasons

1. Facts of recognition;

A. On April 13, 2015, the Plaintiff entered into an employment contract with the Defendant with the following content (hereinafter “instant employment contract”).

Standard labor contract shall be made.

1. Term of a labor contract: From April 13, 2015 to April 13, 2017;

2. Place of service: Management office;

3. Contents of business: The director and the accounting;

4. Work hours: From 09 to 18, the work hours were changed from 10:0 to 19:00 with the Defendant’s consent.

(Recess hours: 12: 30 minutes through 13: 30:0 o.m.)

5. Work days/Holidays: Work days per week, and Saturday and Sundays every week.

6. Wages - Monthly salary: 2,000,000 won - No bonus: - No other benefits - No one shall exist - The last day of each month - The method of payment shall be deposited in the Plaintiff’s deposit passbook.

7. Other matters not provided for in this contract: The Labor Standards Act shall govern.

B. In accordance with the instant employment contract, the Plaintiff, while serving as the manager of B apartment (2 units of Dong 109; hereinafter “the instant apartment”) under the management of B apartment (2 units of Dong 109, hereinafter “the instant apartment”), performed the financial management, the management of household goods, the expenses, and the parking management.

C. On January 29, 2016, the Defendant notified the Plaintiff of the termination of the instant labor contract as of February 29, 2016 (hereinafter “instant dismissal”) on the ground that “the method for reducing apartment management fees and frequent collisions with the residents of apartment units” was the grounds for termination.

After the notice of dismissal of this case, the Plaintiff worked as the apartment of this case until February 3, 2016.

On March 15, 2016, the Plaintiff filed a claim for appeal and overdue wages with the Busan Regional Labor Agency, and received wages of KRW 206,890 from the Defendant from February 1, 2016 to February 3, 2016.

E. On July 7, 2016, the president of the defendant representative C submitted to the Busan Southern Police Station a complaint to the effect that the plaintiff files a complaint for occupational embezzlement.

On October 31, 2016, the Plaintiff was subject to a disposition that he was suspected of having committed the above accusation (incompetence of evidence).

Busan District Prosecutors' Office.

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