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(영문) 제주지방법원 2016.04.14 2015가합942
해고무효확인
Text

1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 6,908,400 and this shall apply.

Reasons

1. Facts of recognition;

A. The Defendant operated a restaurant in the name of “D” (hereinafter “instant restaurant”) with C in a de facto marital relationship.

B. On March 7, 2014, the Plaintiff concluded an employment contract with the Defendant and served as a manager in the instant restaurant.

C. On March 17, 2015, E, using the position of the general director of the instant restaurant, sent a text message to the Plaintiff on March 17, 2015, stating that “The Plaintiff shall be treated as a recommended director as of March 14, 2015 on the grounds of infertility with executive officers, negligence of duty, absence from office without permission, etc.”

(hereinafter “instant dismissal”) D.

On May 7, 2015, the Plaintiff filed an unfair dismissal remedy against the Defendant with the Jeju Special Self-Governing Province Regional Labor Relations Commission, and the Jeju Special Self-Governing Province Regional Labor Relations Commission rendered a judgment on May 7, 2015, stating that “The dismissal of the instant case is unfair,” and the Defendant, within 30 days from the date of receipt of the written adjudication, would restore the Plaintiff to his former former job and pay the Plaintiff the amount equivalent to the wages that could have been paid if the Plaintiff had worked normally during the period of his dismissal (hereinafter “instant judgment”).

The instant ruling became final and conclusive on May 26, 2015 due to the Defendant’s failure to file an application for reexamination within 10 days after receipt of the written award on May 14, 2015.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 and 6, Gap evidence 7-2, the purport of the whole pleadings

2. As the Plaintiff seeks confirmation of invalidity of dismissal against the Defendant in addition to the claim for wage as a result of dispute over the validity of dismissal of the instant lawsuit, we examine whether the part of the claim for nullification of dismissal in the instant lawsuit is legitimate.

A lawsuit to confirm dismissal is filed with respect to dismissal, which is a previous legal act in order to restore the original status based on the labor contract relations, or to eliminate the present risk or apprehension of other rights or legal status due to dismissal.

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