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(영문) 수원지방법원 2019.02.15 2018가합14420
해고무효확인
Text

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

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

Reasons

1. Presumed factual basis

A. The Defendant Company is a company that engages in the development, production, sale, etc. of medical ingredients, medicine, and diagnostic reagents.

From November 6, 2017, the Plaintiff entered into a labor contract with the Defendant company with three months of the probation period and was in charge of authorization and permission work.

B. After an evaluation on January 22, 2018, the Defendant Company employed three (3) probation officers including the Plaintiff as a regular worker. However, the Plaintiff’s probation period extended one month to improve the Plaintiff’s positive performance and ability to solve problems and to improve his/her work attitude, the Defendant Company decided to be appointed as a suspended worker after the second probation period.

On February 23, 2018, the Defendant Company decided to dismiss the Plaintiff after undergoing an appraisal with the Plaintiff on February 28, 2018, and notified the Plaintiff of the result of dismissal due to lack of work performance ability and organizational adaptation, even though it had been given an opportunity to extend the period of time by one month after meeting with the Plaintiff on February 28, 2018.

C. The Defendant Company notified the Plaintiff of the dismissal on March 2, 2018, and the notice of dismissal included the following:

(2) The dismissal of this case (hereinafter referred to as “the dismissal of this case”). The dismissal of this case was automatically dismissed on March 2, 2018, although it was employed as a person in charge of the first authorization and permission team of this case, but the probation period was extended by one month through an interview due to the organization, work adaptation, work attitude failure, etc. It was agreed to re-assessment as to whether the organization and work division have adaptation. As a result of the management evaluation of this case, it was difficult to meet the criteria for the employment of the suspended worker.

Article 6 (Period of Probation) (1) The benefit period for newly employed employees shall be three months, and where deemed necessary to assess their capabilities, the period of probation may be extended only once for a fixed period not exceeding three months.

Provided, That the probationary period may be reduced or exempted for persons who are recognized as career or specially employed.

(2) Newly employed.

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