1. It is confirmed that the Defendant’s dismissal of the Plaintiff on June 18, 2013 against the Plaintiff is invalid.

2. The defendant shall make 41,542 to the plaintiff.

1. Basic facts

A. B Co., Ltd. is a company established on November 3, 199 for the purpose of running landscaping design and construction business, etc., and the Plaintiff has worked for B Co., Ltd from May 24, 2013.

B. On June 14, 2013, the Plaintiff was suffering from an accident that falls from cargo cars (hereinafter “instant accident”) while on duty. From June 18, 2013 to February 15, 2014, the Plaintiff received medical care benefits and temporary disability compensation benefits from the injury, such as the following, etc., and the Mabow’s typology, the Mabow’s salt, tension, and the tension, etc., for 243 days from June 18, 2013 to February 15, 2014.

C. Meanwhile, on September 24, 2013, C was decided to commence rehabilitation procedures as the Suwon District Court 2013 Mahap82, and C was appointed as a custodian. On December 16, 2016 during the rehabilitation procedures, C was declared bankrupt on December 16, 2016, and the Defendant was appointed as a trustee in bankruptcy. As the Defendant was appointed as a trustee in bankruptcy, C took over the instant litigation procedures.

(hereinafter referred to as the "Defendant" without distinguishing B and the above trustee in bankruptcy). [Grounds for recognition] The facts that there is no dispute, Gap's evidence Nos. 1, 3, and 6, witness E's testimony, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s asserted employer is not only unable to dismiss the worker during a period of suspension of work for medical treatment of occupational injury or disease and for 30 days thereafter, but also the Plaintiff did not have any written intention of resignation. The Defendant treated the Plaintiff as of June 18, 2013, and this constitutes an obvious unfair dismissal.

Therefore, the Plaintiff sought confirmation that the dismissal of the instant case is null and void, and also sought reimbursement of KRW 6,025,660 per month from June 19, 2013 to the time the Plaintiff is reinstated.

B. The Defendant did not dismiss the Plaintiff, but rather asked the Plaintiff to attend the work after treating the Plaintiff, and the Plaintiff asked him to do work.