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(영문) 서울고등법원 2020.06.19 2019나120
해고무효확인 및 임금
Text

1. According to the claim that was modified by this court, the defendant 2,19,970 won and its related amount from January 1, 2019 to the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of the overall management business of facility buildings, housing management, expenses, disinfection, cleaning, Gu impulse service business, human resources supply and employment mediation, parking management, etc.

B. On December 6, 2017, the Plaintiff entered into an employment contract with the Defendant and began to serve as security guards in C Apartments from around that time, and the Plaintiff and the Defendant, at the time of entering into the said employment contract, entered into an employment contract with the Plaintiff and the Defendant, stating the total amount of wages as KRW 1,918,760 per month (No. 1; hereinafter referred to as “instant first employment contract”); and accordingly, entered into the employment contract with the Defendant as “the instant first employment contract”).

C. On January 1, 2018, the Plaintiff and the Defendant drafted a labor contract with the term of the employment contract “(i.e., January 1, 2018 - March 31, 2018 - March 2, 2089, 970 won per month, and the aggregate of KRW 30,000 per month, KRW 2,119,970, and KRW 2,000 per month (hereinafter “instant secondary labor contract”) (i.e., the evidence No. 4; hereinafter “instant secondary labor contract”); and (ii) the relevant labor contract is referred to as “instant secondary labor contract”).

The provisions pertaining to the term of employment and the period of employment in the first and second employment contracts of this case are as follows.

("this case's employment contract" in total between the plaintiff and the defendant). The employment contract (the first one for both parties)

3. Period of the employment contract: Monthly; - Monthly (three-month unit);

(a) Where agreement on the termination of the contract was reached between the parties (i) before the expiration of the contract period, the contract shall be extended repeatedly on a three-month basis, but if agreement is not reached between the parties on the renewal of the contract, the contract shall be terminated upon the expiration of the contract period without separate notice and the re-employment contract shall no longer be concluded

C. As to the above employment contract, the employer shall fully explain the worker the detailed statement (as a matter of principle, the re-employment contract is not entered into at the expiration of the three-month employment contract).

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