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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 was established on October 5, 2015 and employed 2,50 full-time workers in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in order to engage in digital mobile communications distribution business, such as distribution of expenses, conversion of electric power to electric vehicles, and distribution business of charging machines, and the Plaintiff is a person who has worked as a general manager of the Defendant’s business.
B. On April 29, 2013, the Plaintiff entered into a delegation agreement (hereinafter “instant agreement”) with the Defendant, setting the period of service on three years, and the effective date on August 5, 2013, to perform the duties of the Defendant as the Defendant’s overseas business and new business general officers (CMO) and the head of the U.S. corporation (CEO) and to pay remuneration to the Plaintiff.
The main contents of the instant contract are as shown in the attached Form.
C. The Defendant, from around 2014, was a part entering the TCO ship on LCO chemical, and the Defendant supplied the above parts to LCO chemical.
On May 29, 2015, when the profitability of the business, etc. has deteriorated, the executive officers belonging to the defendant were instructed to submit a written resignation in a lump sum at the staff workshop held on May 29, 2015, in order to grant the motive following the decline in the performance, and on May 29, 2015, the former executive officers were submitted a written resignation from the executive officers.
On May 21, 2015, the Plaintiff, on his previous May 21, 2015, prepared and submitted to the Defendant a resignation statement stating the reason for retirement as “liability for business deterioration (Eelchemical TCO business profitability aggravation),” and the date of resignation as “ June 15, 2015.”
On July 1, 2015, the Defendant issued a personnel order against the Plaintiff to change the Plaintiff’s workplace from its head office to China. On October 1, 2015, the Defendant issued a personnel order to dismiss the Plaintiff from the position of the head of marketing and the head of the headquarters. On October 31, 2015, the Defendant issued a personnel order to dismiss the Plaintiff from office.
hereinafter referred to as "the measure of resignation in this case"
E. On December 4, 2015, the Plaintiff asserted that the Defendant was dismissed on October 31, 2015, and filed an application for remedy with the Chungcheong Regional Labor Relations Commission.