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(영문) 수원지방법원안양지원 2019.04.18 2018가합101005
해고무효확인
Text

1. The Defendant’s dismissal against the Plaintiff on February 28, 2018 confirms that the dismissal is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Defendant Company is a public corporation established pursuant to the Agency Act for the purpose of contributing to the promotion of D and the development of livestock industry through fair implementation and smooth distribution of C and promoting people’s good use of leisure time, and the Plaintiff is a person who was commissioned to the Defendant Company on June 1, 2016 and worked until February 28, 2018.

B. Around May 2016, the Plaintiff was appointed as a commissioned employee by reporting the appointment announcement of the Defendant Company’s commissioned employees.

On June 1, 2016, the Plaintiff entered into the primary employment contract with Defendant Company (hereinafter “instant primary employment contract”) and the main contents are as follows.

Pursuant to Article 7 of the Guidelines for Commissioned Management, the plaintiff and the defendant company shall conclude the following labor contracts:

Article 1 (Terms and Conditions of Employment) The Defendant Company shall employ the Plaintiff under the following conditions:

1. The Plaintiff’s status shall be employed as full-time commissioned class (b) prescribed in Articles 5 and 6 of the Guidelines for Commissioned Management;

2. The Plaintiff’s affiliation is Jeju TF.

3. The plaintiff's work in charge shall be Jeju TelecommunicationsF's overall work, etc.

Article 2 (Term of Contract) The term of contract shall be from June 1, 2016 to November 30, 2016.

C. From June 1, 2016, the Plaintiff performed the duties of the Defendant Company’s Jeju E-TF department for the project of creating theme park in E. From October 2016, the Plaintiff performed the duties of preparing the opening of theme park F.

On November 2016, through the reorganization of the Defendant Company’s organization, the Plaintiff’s position was changed to the position of the department in charge of the tetrac planning and coordination (including the nationwide strategy of operation and integration), the planning and consultation (content and service) of the operation of the tetrac, and the new tetracing and new tetracing (the creation of Jeju tetrac and Busan tetrac).

On December 1, 2016, the Plaintiff entered into the secondary employment contract with Defendant Company (hereinafter “instant secondary employment contract”).

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