logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2021.02.04 2019가합39102
해고무효확인
Text

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

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

Reasons

1. Basic facts

A. The Defendant is a company operating a hotel “C” in Yongsan-gu Seoul Metropolitan Government.

B. On September 20, 2017, the Defendant proposed that the Plaintiff work as a person in charge of the department for Sphab (S & F Business) from November 1, 2017, stating specific working conditions, such as the details of duties, remuneration, etc. as e-mail, and that the Defendant will work as a person in charge of the department for Sphabn (a position department and position director).

When accepting this, a proposal was sent to the effect that "the reply to the reply by signing on the proposal."

Accordingly, around that time, the Plaintiff signed the above proposal and sent its signature to the Defendant (hereinafter referred to as “the proposal of this case”) (hereinafter referred to as “the agreement of this case”), and accordingly, entered into an employment contract between the Plaintiff and the Defendant (hereinafter “the contract of this case”). There is no mentioning about the contract term of the Plaintiff in the instant proposal of this case.

(c)

The plaintiff had worked in the same department as the plaintiff

D On February 21, 2019, a written petition submitted to the Defendant that “the Plaintiff refused to pay his taxi expenses and night allowances, forced the Plaintiff to attend the weekend, forced him to make intimidation in connection with the transition of regular workers, and made an inappropriate statement to himself/herself by sexual harassment victims.” On July 5, 2019, the Defendant conducted an investigation into the said petition, and issued a written warning to the Plaintiff on July 5, 2019.

(d)

On the other hand, such departments as the Plaintiff had worked.

On August 2, 2019 and August 6, 2019, E and F submitted to the Defendant a written petition stating that “the Plaintiff made a strong and improper speech before others, and seems to have an excessive emotional response.” The Defendant followed an investigation into the said petition, and on August 29, 2019, was subject to three weeks of suspension from office against the Plaintiff on the ground that “the Plaintiff received a written warning, and again caused harassment in the workplace at approximately one month” on August 29, 2019.

In this regard, the plaintiff applied for remedy against unfair suspension to the Seoul Regional Labor Relations Commission.

arrow