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(영문) 창원지방법원 마산지원 2018.08.22 2016가합101068
해고무효확인
Text

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

2. The defendant shall pay to the plaintiff KRW 18,201,428 and its amount.

Reasons

Basic Facts

The defendant is a company that operates a shock and pre-printed treatment business, etc., and the plaintiff was a person who entered into an employment contract with the defendant and served as an executive director around July 5, 2013.

2. Terms and conditions of the employment contract 1). ① “A (the defendant is named; hereinafter the same shall apply)” and “B (the plaintiff is named; hereinafter the same shall apply)” shall be 12 months from July 5, 2013 to 20 years. ② “A” and “B” shall be deemed to have re-contracted one month prior to the expiration of the contract. However, if the other party is not notified one month prior to the expiration of the contract, this employment contract shall be deemed to have been automatically extended for one year, and this annual salary contract shall be deemed to have been concluded as an annual salary presented by the company. 3) On the last day: From the first day of each month to the last day of every Friday.

(We) Work hours: Work hours of every week: 08:0 to 17:00 (18 hours a day): Provided, That work hours of 452 hours a year that exceeds work hours shall be 10:00 to 10:10 (10 minutes a day), 12:0 to 13:00 (60 minutes a day), 15:0 to 15:10 (10 minutes a day, 15:0 to 10 minutes a day, 15:10-10 (60 minutes a day), 15:0 to 15:10 (10 minutes a day a day): The employer shall pay workers the basic amount and the allowances a year as follows: (3) The allowances shall be included in the basic amount:

(2) All allowances shall be paid with statutory allowances (Extended, holidays, night allowances, etc.), and other voluntary allowances of a company deemed to include all items.

The main contents of the employment contract concluded by the Plaintiff and the Defendant (hereinafter “instant employment contract”) are as follows:

(B) The term of the employment contract is as follows. The defendant representative C holds a meeting of executive officers on January 29, 2016 and resigns from five executive officers including the plaintiff on the ground of managerial difficulties.

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