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(영문) 서울중앙지방법원 2016.04.28 2015가단113734
부당해고에 따른 손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 26, 2014, the Plaintiff and the Defendant concluded a labor contract with the purport that the Defendant would appoint the Plaintiff as a contract worker for the 500,000 won of monthly salary from June 2, 2014 to June 1, 2015 (hereinafter “instant labor contract”), and the period of probation shall be extended for three months. However, the Defendant may terminate the instant labor contract without prior notice or compensation, taking into account all the circumstances, such as the Plaintiff’s work eligibility and type of business during the period of probation, and in this case, the Defendant agreed to pay remuneration only for the number of actual working days of the Plaintiff.

B. As a result of the assessment of the duties of the Defendant Scam Team for the management period under the instant employment contract (three months from June 2, 2014 to September 1, 2014), the Plaintiff obtained three points in the two points out of five points in the work performance and work performance capabilities items, respectively.

Accordingly, the defendant decided that the plaintiff's work performance and ability to perform his/her duties are insufficient and suggested to extend the training period for three months to the plaintiff, and the defendant consented thereto and extended the training period to December 1, 2014.

C. During the aforesaid three-month period, the Defendant decided to terminate the instant employment contract by deeming that there is no room for improvement of the Plaintiff’s business eligibility, and on November 4, 2014, notified the Defendant of his intention to terminate the employment contract and to refuse this employment in the interview of the Plaintiff, and issued the Defendant a notice of refusal of employment stating the grounds and reasons for the termination of the employment contract, but the Plaintiff refused to accept it.

Since then, the Defendant paid the Plaintiff full amount of wages equivalent to the period of the labor contract (not later than December 1, 2014) and consolation money equivalent to the monthly salary.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1 to 17, witness Eul's testimony and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is a form of one year, but the Plaintiff is in fact.

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