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(영문) 서울중앙지방법원 2015.04.28 2014가합62362
원인무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 30, 2012, the Plaintiff’s assertion that the Defendant Company B requested the Plaintiff to enter his personal information and enter it in the Plaintiff’s request. The Plaintiff merely stated his personal information in the form of a resignation prepared in advance, and did not prepare a resignation letter with the Plaintiff’s intention to resign. Thus, the Defendant’s termination of the Plaintiff’s employment contract on the ground of the Plaintiff’s resignation is invalid as unjust dismissal.

2. According to the purport of Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and 3 and all arguments, the plaintiff served as an employee belonging to the defendant at the government central office of government that entered into a service contract with the defendant from June 26, 2008, and the service contract between the defendant and the government central office of government expired as of December 31, 2012, and the contract between the defendant and the government office of government was concluded as of December 31, 2012, and the defendant decided to succeed to the defendant's work. The defendant notified the plaintiff on November 30, 2012 that "the labor contract between the plaintiff and the defendant is terminated on December 31, 2012" due to "the change of the service contract between the government office of central office of government and the government office of government office of government", the plaintiff was recognized as having entered into a labor contract between the government office of government and the government office of government office of December 31, 2013.

According to the above facts of recognition, the plaintiff is presumed to have received retirement benefits after preparing and submitting a resignation document in the name of the plaintiff on December 30, 2012, with the awareness that his labor relation was succeeded to from the defendant, and there is insufficient evidence to acknowledge that the plaintiff had the plaintiff who did not intend to resign prepared a resignation document, and there is no other evidence to acknowledge this.

Therefore, by accepting a resignation certificate under the name of the plaintiff on December 30, 2012, the defendant is in the employment relationship on the 31st of the same month.

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