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(영문) 서울고등법원 2015.12.03 2015누51769
일부사실확인불가처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning the instant case is as follows: (a) by changing “203” as “2013,” the second part of the judgment of the court of first instance as “2013; and (b) by citing the reasoning of the judgment of the court of first instance, other than making an additional decision as set forth in the following paragraph (2), it is consistent with Article 8(2) of the Administrative Litigation Act and the main part

2. The Plaintiff stated in the trial that “the date of commencement of service is April 1, 2012,” “1,650,000 won,” and that the method of payment is “deposit in a deposit passbook” between the Plaintiff and the instant company as “the date of August 21, 2015,” and that “the said contract of employment is found at a warehouse on August 21, 2015,” as stated in the above contract, “the date of August 21, 2015,” and “the date of August 21, 2015, stated in the above contract, is to send the Plaintiff’s date on which the Plaintiff was found.” However, even according to the Plaintiff’s statement, it was difficult to obtain the said contract of employment as the date of preparation of the contract of employment as “the representative director on August 21, 2015,” and it is difficult to make the Plaintiff’s deposit in the account of KRW 31,2013, as well as the document of payment of the instant account deposit.

In light of these circumstances, even if the Plaintiff is a person with bad credit standing, it is insufficient to recognize that the Plaintiff had worked in the instant company for more than one year only with the above evidence difficult to believe that the above labor contract and the certificate of work attendance (work) submitted by the Plaintiff at the trial or that the Plaintiff had worked in the instant company (in addition, in the same purport, the Plaintiff’s application for witness to G and E is not accepted).

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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