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(영문) 광주지방법원 순천지원 2018.10.11 2018가합115
해고무효확인 및 야간, 연장수당
Text

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

2. All remaining claims of the Plaintiff are dismissed.

Reasons

1. On November 2016, the Plaintiff asserted that, as the Plaintiff, who was employed by the Defendant and entered into an employment contract with no fixed contract period from March 1, 2017, the Defendant notified the Plaintiff of dismissal on January 2, 2017 without good cause, the Plaintiff, as to the claim for confirmation of invalidity of dismissal, sought confirmation of invalidity of the dismissal.

In the case of workers who have entered into an employment contract with a fixed period of time, the employment relationship is a principle that is naturally terminated without a separate measure such as dismissal of an employer.

(Supreme Court Decision 2005Du16901 Decided September 7, 2007, etc.). Moreover, a lawsuit for confirmation of invalidity of dismissal is permitted to eliminate the current rights or legal status, and the lawsuit for confirmation of invalidity of dismissal also has the benefit of confirmation only when it becomes a valid and appropriate means to obtain a judgment of confirmation of invalidity against dismissal which is merely a previous juristic act, in order to restore the original status based on a labor contract or to eliminate the present risk or apprehensions with respect to the current rights or legal status arising from dismissal.

I would like to say.

(Supreme Court Decision 92Da20149 Decided January 15, 1993). The written evidence Nos. 1 and 2 alone lacks to acknowledge the conclusion of the above employment contract with the Plaintiff, and there is no other evidence to acknowledge the conclusion of the above employment contract. Meanwhile, when considering the overall purport of the pleadings in the written evidence Nos. 1 and 11 and 12, the Plaintiff entered into an employment contract with the Defendant on December 31, 2017, and the Defendant sent the Plaintiff a text message that the contract expires as of December 31, 2017. Thus, the Plaintiff and the Defendant’s employment contract are terminated as of December 31, 2017.

Therefore, the plaintiff was no longer able to recover the status as the employee of the defendant.

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