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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
Reasons
(a) The facts without dispute, entries in Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings;
2. Whether the decision on the retrial of this case is lawful
A. The plaintiff's assertion (1) at the time of the retirement disposition of this case, the plaintiff was in a state that he could not be reinstated due to industrial accidents, and there is no justifiable reason for the retirement disposition of this case.
(2) Accordingly, the instant disposition of retirement constitutes an unfair dismissal, and otherwise, the instant decision of the retrial was unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. (1) On October 5, 2009, the Plaintiff entered the Intervenor, and drafted a written employment contract with the Intervenor on January 25, 2010. The main contents of which are as follows.
Article 2 (Types of Work, Duties, etc.) A (referring to intervenors), as prescribed by the rules of employment and other relevant regulations (hereinafter referred to as the "Rules of Employment, etc."), may assign B (referring to the plaintiff) occupational categories, classes, positions and duties and order amendments.
Article 3 (Work Hours) 08:30 Above 5:30 * 6 days
6. The annual rent shall, in principle, be used annually and shall be calculated as of January 1, 2010.
Criteria for use shall be prescribed by the rules of employment.
Article 4 (Payment of Wages) A shall pay B monthly wages as remuneration for work, as prescribed by the rules of employment, etc.
Article 5 (Work Place) The work place of A shall be the work place of A, but A may, if deemed necessary for his/her duties, change the work place of B to each domestic area according to the rules of employment, etc.
Article 7 (Other)
1. Labor Standards Act and other relevant Acts and subordinate statutes and rules of employment shall apply to the labor and other conditions not stipulated in this contract;
(2) As to the Plaintiff’s application for extension of the period of medical care (A) on May 11, 201, the principal doctor C of an Asian University Hospital, who was receiving medical care from the instant injury, prepared a medical treatment plan to request the Plaintiff to extend the period from June 4, 2011 to August 26, 2011, and submitted it to the Korea Workers’ Compensation and Welfare Service.
(b) However,