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(영문) 서울고등법원 2016.09.23 2016나2021252
해고무효확인
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation of this case is as follows, and the defendant’s new argument in the trial of the court of the first instance is as stated in the reasoning of the judgment of the court of the first instance, except for further determination under the following three, and thus, this is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the part of the first instance judgment, the correction of the phrase “A 1 to 5,7, B 1, and 2 (including the number of each number; hereinafter the same shall apply)” to the phrase “each entry in the evidence A 1, 2, and 4” shall be made.

Part 4 of the first instance court's decision "A through 16, 35, and 5" shall be amended to "A through 14, and 35".

In the end of the five pages of the first instance judgment, “The content certification that the Defendant Company sent to the Plaintiff on September 30, 2013 includes the content that the Plaintiff received a request for the official reinstatement from the Plaintiff before July 2013. However, it is pointed out that the Plaintiff did not make a written request for reinstatement, such as content certification, and it is difficult to view the Plaintiff’s request for voluntary reinstatement to the representative director of the Defendant Company.”

The 2,580,00 won in basic pay 2,580,000 shall be amended to "basic pay 2,580,490 won" at the bottom of five pages of the judgment of the first instance.

On the six pages of the first instance judgment, "No dispute has occurred or no dispute has occurred" shall be amended to "No dispute has occurred, or Nos. 1 and 2 (including numbers; hereinafter the same shall apply)".

6 pages 12 of the decision of the court of first instance shall be amended to "200Da60890, 6090, 60906".

"A 25 to 34" of the 7th judgment of the first instance court shall be amended to "A 10 to 13, 15, 19 through 22, 25, 27, and Eul 4 and 12."

The fourth parallel of the judgment of the first instance court at the bottom of the seven pages of the judgment of the first instance (hereinafter referred to as "the first transfer order of this case") is "(hereinafter referred to as "the first transfer order of this case")", and "(the second transfer order of this case)" at the bottom of the same side is "the second transfer order of this case".

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