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(영문) 대구지방법원서부지원 2013.11.15 2012가합4931
해고무효확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B Corporation (hereinafter “Defendant B Corporation”) is a corporation established with the authorization of the competent authority for the purpose of maintaining and managing C and enhancing the competitiveness of occupant enterprises under the Act on Industrial Cluster Development and Factory Establishment (former Industrial Placement and Factory Establishment Act). The Plaintiff is a person who joined the Defendant B Corporation on September 1, 1989 and worked until September 24, 2009 after becoming an employee of the Defendant B Corporation.

B. Around August 2009, Defendant Corporation filed a complaint against executive officers, such as D president D, etc. of the Corporation with occupational embezzlement, etc. on August 24, 2009, and on August 24, 2009, Defendant Corporation dismissed the D president from office at the extraordinary general meeting of Defendant Corporation and appointed E, the present president of Defendant Corporation

C. On September 24, 2009, while working as the head of the accounting management team from around 2003 to September 2009, the Plaintiff submitted a resignation letter to the Defendant Corporation (hereinafter “instant resignation”) through the staff of the accounting team. Accordingly, the Defendant Corporation accepted the instant resignation on the same day, and issued a resignation notice to the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry in Eul evidence Nos. 1, 3, 4, 7, 9 (including numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts as follows.

1. The Plaintiff did not intend to resign at the time of submitting a resignation document around September 24, 2009. The Defendant Corporation has increased the Plaintiff’s business burden by reducing the number of the accounting team members of the team leader from four to two persons including the Plaintiff. The Defendant Corporation forced the Plaintiff to submit a resignation document through F, which was the chairman of the Defendant Corporation’s management innovation, and forced the Plaintiff to submit a resignation document by forcing the Defendant Corporation to prepare a resignation document by employing a new accounting officer while the Plaintiff was in office. Thus, the dismissal of the Plaintiff based on the above resignation document by the Defendant Corporation is practically an employment contract relationship based on the employer’s unilateral intent.

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