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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates Dwork Schools designated by the Busan Regional Employment and Labor Office as vocational ability development training facilities.
B. On March 1, 2014, the Plaintiff entered into an employment contract with the Defendant with the content of “labor contract period: from March 1, 2014 to February 28, 2015”; “workplace: Busan, which is entrusted by D Vocational Schools; the content of business; and “child summary instructors (hereinafter “instant employment contract”) with the content of “child summary instructors after school at the Busan, which is entrusted by D Vocational Schools.”
(c) The Defendant entered into the instant employment contract. The Defendant provided programs, photographs, cooking, and methods of taking classes for children’s required classes from the Defendant’s side, and notified the Plaintiff of his intention to resign on or before December 31, 2014. D. The Defendant passed the interview on February 6, 2016 after the Defendant passed the interview and served as a principal lecturer of the said school from March 1, 2015 to February 29, 2016. [In the absence of any dispute over recognition, evidence Nos. 1 through 5, evidence Nos. 1 through 8, evidence Nos. 1 to 1 to 8, evidence No. 1 to 1, 2014, evidence No. 1 to 2016, evidence No. 1, E’s testimony of the witness E elementary school, the result of fact inquiry on the witness E’s testimony of this court, the purport of the entire pleadings, and the purport of the fact inquiry as to the evidence No. 1.
2. The gist of the Plaintiff’s assertion argues that, even though the Defendant concluded a labor contract from March 1, 2014 to February 28, 2015, which is the term of the instant labor contract, the Plaintiff was a competitor, thereby causing damage to the Plaintiff by applying for an interview during the period of service after applying for recruitment of the Plaintiff for an interview during the period of service. Therefore, the Defendant is obligated to compensate for damages of KRW 3.4 million, which is 40% of the amount received from the said school.
3. In light of the above facts and evidence, the plaintiff was required to make a full-time lecturer before the completion of the acceptance of the plaintiff's resignation.