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(영문) 대전고등법원 2015.10.08 2015누11507
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasoning of the court’s explanation by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of a new argument by the plaintiff at the court of first instance as to the plaintiff’s new argument by the court of first instance, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Additional determination

A. Article 35 of the Rules of Employment of the Intervenor Company provides that, in principle, where a member intends to retire, he/she shall submit the retirement allowance to the company at least 14 days prior to the scheduled date of retirement and continue to perform his/her duties until the approval is obtained from the company, the approval of the company must be in an official form.

It cannot be deemed that the Intervenor Company E has given personal currencies related to the Plaintiff and resignation after his/her work hours as the acceptance of retirement under the above provision.

B. Although it is reasonable to deem that the submission of the Plaintiff’s resignation notice is a notification of cancellation, as alleged by the Plaintiff, even if it is deemed that the Plaintiff’s resignation notice was an offer to terminate the agreement, it is sufficient in writing or orally, since the Plaintiff’s expression of consent to the termination of agreement is not an essential act. As can be seen, Articles 34 and 35 of the Intervenor’s Rules of Employment do not stipulate a special critical act in relation to the approval of the Plaintiff as the Intervenor’s company employees, as the Plaintiff’s company’s employees, the head of the Intervenor’s Public Relations Headquarters E, who is the full-time decision-making authority for the Plaintiff’s personnel affairs, confirmed the Plaintiff’s intention to resign through the telephone call with the Plaintiff and approved his resignation, thereby reaching the Plaintiff.

(i.e., there was a mutual agreement on the termination of agreement).

Therefore, the intervenor's expression of acceptance on the plaintiff's offer for termination of agreement is expressed.

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