logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2014.10.16 2014가합20995
해고무효확인
Text

1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

Defendant Company is a company that ordinarily employs less than five workers and runs the business of selling used cars online, and the Plaintiff is a person who became a member of Defendant Company B around December 4, 2012.

Labor contract documents

2. Term of a labor contract: From October 11, 2013 to January 10, 2014 (three months);

7. 1) Wages are monthly salary. 2) Wages are paid from the first of each month to the last day of the following month on the 10th day of the following month.

3) The Plaintiff’s monthly salary is KRW 1,950,000. The details of monthly salary are as follows: 1,396, 154, 100,000 annual paid leave allowances for 1,396, 154, 200,000,405, 53,441, 950,004) monthly salary under the foregoing paragraph (3).

8. Retirement allowances shall be governed by the Guarantee of Workers' Retirement Benefits Act.

On February 8, 2013, the Plaintiff entered into an employment contract with the Defendant Company without setting a working period of KRW 26,00,000 (i.e., the annual interim settlement amount of KRW 23,400,000 per year’s basic pay). However, on October 11, 2013, the Plaintiff continued to enter into an employment contract with the following contents (hereinafter “instant employment contract”).

In this regard, on November 19, 2013, the Defendant Company dismissed the Plaintiff (hereinafter “instant dismissal”) through a document on the ground of “management deterioration due to the prior difficulties,” and notified the Plaintiff that he would not work from the next day.

Accordingly, on December 26, 2013, the Plaintiff filed a petition with the Defendant Company on the grounds that “the Defendant Company did not pay the Plaintiff the advance notice of dismissal, the worker’s day allowance, overtime allowance, retirement allowance, etc.” with the Korea Labor Agency, and the Korea Labor Agency recognized that “the part of the Defendant Company’s payment of the advance notice of dismissal allowance and the worker’s day allowance to the Plaintiff is in violation of Article 26 (Advance Notice of Dismissal) and Article 36 (Liquidation of Money and Valuables) of the Labor Standards Act” and ordered the Defendant Company to correct the fact that the remainder is not suspected.

arrow