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(영문) 부산지방법원 2017.06.21 2016나48171
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates Dwork Schools designated by the Busan Regional Employment and Labor Office as vocational ability development training facilities.

1. The term of a labor contract: From March 1, 2014 to February 28, 2015;

2. Place of work and details of duties. (1) The details of duties of elementary schools in Busan area to which D Employment Schools have been entrusted.

3. Working hours and working hours: 13:00 to 17:00 / Of vacations, 09:0 to 13:00 (1 day: 3:4 hours to 30 minutes), the Plaintiff may, if necessary, adjust working hours by mutual consent with the Defendant.

(3) The defendant shall attend school prior to school hours and make a full attendance to ensure that it does not interfere with classes.

7. Termination of a contract: (a) the Defendant expressed his will at least one month prior to the Plaintiff’s expression of intention, and (b) the next-time lecturer’s acceptance of his/her business affairs thoroughly. If the Defendant fails to perform his/her business affairs, the Plaintiff may withhold the payment of the Defendant’s wages and pay the Plaintiff after the completion of the performance.

Wages shall not be paid in the case of causing damage to the Plaintiff, such as a failure to perform contact with the Plaintiff.

8. In case where the person inflicts damage on the plaintiff due to other unlawful acts, he shall be liable for such damage.

B. On March 1, 2014, the Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”) and its main contents are as follows.

C. According to the instant employment contract, the Defendant received programs, photographs, method of taking classes, etc. from the Plaintiff’s side, and notified the Plaintiff of his intention to resign from the Plaintiff’s side on or around December 31, 2014.

The defendant applied for the recruitment of a cooking instructor entrusted with after-school programs at E elementary school in 2015 as an individual qualification, and passed the interview report on February 6, 2016, and passed the final interview on February 1, 2015.

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