The case holding that it is not permissible to file a lawsuit for invalidation of dismissal for more than nine months after the disciplinary action was taken against another company and the remuneration for the other company is significantly lower than that of the dismissed company, and there is no intention of reinstatement, and it is not possible to file a lawsuit for invalidation of dismissal for more than nine months after the disciplinary action was taken against the person under the circumstances where reinstatement is practically difficult.

The case holding that it is not permissible to file a lawsuit for invalidation of dismissal for more than nine months after the disciplinary action was taken against another company and the remuneration for the other company is significantly lower than that of the dismissed company, and there is no intention of reinstatement, and it is not possible to file a lawsuit for invalidation of dismissal for more than nine months after the disciplinary action was taken under the circumstances where reinstatement is practically difficult.

Article 27 of the Labor Standards Act, Article 2 of the Civil Act

Plaintiff

Gu principal industry, Inc.

Seoul High Court Decision 92Na19240 delivered on September 30, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

The court below did not find no error in the decision of the court below that the plaintiff entered another company within 60 days after the disciplinary dismissal of the plaintiff, and it is practically difficult for the defendant company to work as reinstated, and that the plaintiff did not have any intention of reinstatement, and that the remuneration of the newly employed company cannot be deemed to be significantly lower than that of the defendant company, and that filing the lawsuit in this case cannot be permitted in light of the principle of trust and good faith and the principle of invalidation, even though examining the records of the decision of the court below that the plaintiff's action in this case cannot be permitted for more than 9 months after the disciplinary dismissal of the defendant company. The court below's legitimate fact finding and decision of the court below are merely an attack against other opinion

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Choi Jae-ho (Presiding Justice)