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(영문) 서울북부지방법원 2016.11.24 2014가합23090
해고무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a company that runs export and import of agricultural, livestock, and wholesale and retail business, and the Plaintiff is a person who has worked for a local subsidiary C Limited Corporation established by the Defendant in China’s Cheongdo from April 1, 201 to March 31, 2012.

B. On March 31, 201, the Plaintiff concluded a labor contract with the Defendant for one year from April 1, 2011 (hereinafter “instant labor contract”).

C. Around March 28, 2012, the Defendant notified the Plaintiff of the termination of the contract for the period of employment as of March 31, 2012, stating that the contract is terminated as the grounds for termination of the contract for the termination of the contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion that there is a provision on “management period” used when concluding an employment contract without a fixed period in the column of the contract term of the instant employment contract, and there is a provision on “determination of the Plaintiff’s annual salary” in the instant employment contract, and the Plaintiff was employed as a full-time employee of the Defendant’s regular employees in charge of the general interest business of the Chinese local subsidiary. The above assignment of the Plaintiff is not a contract, but a full-time employee. Considering the circumstances, the contract term stated in the instant employment contract refers to the annual salary contract term, not a contract term, but a contract term, and the Plaintiff is a full-time employee who entered into an employment contract with the Defendant without a fixed period of time.

Nevertheless, the Defendant arbitrarily interpreted the instant employment contract as an employment contract setting the term of the employment contract, and notified the termination of the contract on March 28, 2012, and dismissed the Plaintiff on the ground of the expiration of the employment contract, which is obviously unfair and invalid.

3. Determination

A. In a case where a contract of this case is executed with a fixed term of one employment contract as to whether the contract of this case is a non-fixed term of contract, the contract is a disposal document.

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