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(영문) 서울중앙지방법원 2017.07.14 2016가합534434
해고무효확인
Text

1. The Defendant’s KRW 222,096,387 as well as 6% per annum from May 13, 2016 to July 23, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is a company that operates a program and software development business by employing about 30 full-time workers, established on July 10, 1997. 2) The Plaintiff entered into an annual salary contract with the Defendant on May 2013 (hereinafter “instant employment contract”) with the annual salary of KRW 75,000,000, and entered the Defendant as of June 1, 2013 and was in charge of design work and job security in the strategic planning office (hereinafter “instant dismissal”). On June 28, 2013, the Defendant was dismissed from the Defendant (hereinafter “instant dismissal”).

B. (1) The Plaintiff filed an application for remedy against the Defendant for unfair dismissal with Seoul Regional Labor Relations Commission (Seoul District Labor Relations Commission) No. 2013da2728, Nov. 19, 2013, the Seoul Regional Labor Relations Commission rendered a decision that “the Plaintiff is the Defendant, the employer of the Plaintiff, and the Defendant would be paid the amount equivalent to the wages that would have been paid if the Plaintiff would have been reinstated within 30 days from his/her original position and had worked normally during the period of his/her dismissal.” (2) The Defendant filed an application for reexamination of the said determination with the Central Labor Relations Commission No. 2013Da1124, Feb. 20, 2014; and the National Labor Relations Commission rejected the Defendant’s application for reexamination on February 20, 2014.

C. The Defendant filed a lawsuit seeking revocation of the Defendant’s decision on retrial and the final judgment thereof, which became final and conclusive, filed a lawsuit against the Central Labor Relations Commission to seek revocation thereof as the Daejeon District Court 2014Guhap101308, but the Daejeon District Court rendered a judgment dismissing the claim on January 21, 2015. The Defendant appealed the Daejeon High Court 2015Nu10580, which was dissatisfied with the above judgment, but the said court rendered a judgment dismissing the appeal on December 3, 2015. The Defendant appealed the said judgment and appealed the Supreme Court 2016Du3024, which was dissatisfied with the foregoing judgment, but the Supreme Court rendered a judgment dismissing the appeal on March 25, 2016.

The plaintiff's reinstatement and the plaintiff's accident are the plaintiff's reinstatement on May 13, 2016 (hereinafter referred to as "the plaintiff's reinstatement").

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