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(영문) 부산지방법원 2017.02.02 2016가합21
해고무효확인등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant has its head office in Gangseo-gu Busan Metropolitan City 5No. 32, 32 (including two foreign workers) and employs 46 workers (including two foreign workers). The plaintiff is a foreign worker with the nationality of Uzbekistan who worked for the defendant from November 26, 2014 to June 26, 2015 by concluding a labor contract with the Minister of Employment and Labor pursuant to the Act on the Employment, etc. of Foreign Workers. In accordance with the Employment, etc. of Foreign Workers, the plaintiff is a foreign worker with the nationality of Uzbekistan who has worked for the defendant under a labor contract with the employment security office [the status of stay: non-professional employment (E-9-1); the period of stay: October 31, 2014 to November 26, 2017];

B. From May 28, 2015, the Plaintiff visited the Defendant and found the Plaintiff’s animals in the Defendant’s dormitory around June 8, 2015 (hereinafter “instant absence without permission”).

C. On June 9, 2015, the Defendant submitted a report on the change of employment of foreign workers to the Busan Northern Employment Center, which was an employment security office, on the ground of the absence from work without permission, but submitted a written confirmation of the reason for the change of workplace due to the termination of a labor contract due to the worker’s duty in order to provide convenience for the Plaintiff to be re-employed

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6, 7 evidence, Eul evidence 1, 3, 6 through 8 (including the serial number; hereinafter the same shall apply), Eul's testimony and the purport of whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiff was dismissed on June 1, 2015 (hereinafter “instant dismissal”) and did not specifically notify the Plaintiff of the grounds for the instant dismissal in writing. Therefore, the instant dismissal against the Plaintiff is null and void due to the procedural defect.

Therefore, the Plaintiff sought confirmation of invalidity of the dismissal of this case, and the Plaintiff’s payment 1,500 won in total, from June 1, 2015 to December 1, 2015, and from January 1, 2016 to the date of reinstatement of the Plaintiff.

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