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(영문) 서울남부지방법원 2019.02.01 2018재가합1017
해고무효확인
Text

1. Among the lawsuits filed by the Plaintiff (Plaintiff) for retrial, the part on grounds for retrial under Article 451(1)5, 6, 7, and 9 of the Civil Procedure Act is as follows.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On April 29, 2015, the Plaintiff filed a lawsuit against the Defendant seeking payment of wages of KRW 3,885,940 and allowances, etc. from May 1, 2015 to the time of the Plaintiff’s reinstatement (Seoul Southern District Court 2015Kahap10384).

B. On November 27, 2015, the foregoing court rendered a judgment subject to a retrial that dismissed the Plaintiff’s claim.

The judgment subject to review was served on the Plaintiff on November 30, 2015, and became final and conclusive on December 15, 2015.

C. The Plaintiff filed a lawsuit for retrial against the judgment subject to a retrial (Seoul Southern District Court 2016 Gohap1013), but the said court rendered a judgment dismissing the lawsuit for retrial on June 24, 2016.

Although the Plaintiff appealed (Seoul High Court 2016Na2048264), the above appellate court dismissed the Plaintiff’s appeal and the appellate court’s grounds for retrial under Article 451(1)3, 8, and 10 of the Civil Procedure Act added by the appellate court, and sentenced the appellate court to dismiss the grounds for retrial under Article 451(1)7 of the Civil Procedure Act added by the appellate court.

The plaintiff filed an appeal (Supreme Court Decision 2018Da205155), but the Supreme Court sentenced the dismissal of appeal on April 26, 2018, and the above appellate judgment became final and conclusive.

The Plaintiff filed a new suit on the judgment subject to a retrial.

2. Grounds for retrial and determination

A. There are the following grounds for retrial in the judgment subject to a retrial by the Plaintiff.

1) The Defendant’s recent violation of the Labor Standards Act, such as failure to prepare a labor contract, failure to deliver the rules of employment, failure to report the employment rules, failure to keep the rules of employment and failure to observe the rules of employment. The Defendant, when dismissing the Plaintiff, only based on the unilateral false statement of the head of the general affairs team (Article 451(1)5, 6, and 9.2 of the Civil Procedure Act). The head of the audit team requesting disciplinary action against the Plaintiff is the same as the recruitment rate.

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