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(영문) 대전지방법원 2018.03.28 2017구합536
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

(2) On August 5, 2016, the Plaintiff’s representative director H prepared a labor contract with one year (i.e., one year from August 1, 2016 to July 31, 2017) with respect to three instructors, including the Intervenor, and visited the instant workplace.

However, there are differences in the terms and conditions of recess and holidays between the parties, and the parties did not sign and seal the first written labor contract.

The plaintiff (hereinafter referred to as "A") and the intervenor (hereinafter referred to as "B") shall enter into an employment contract and enter into the contract in good faith as follows:

1. The term of employment contract: 2016;

8. From January to July 31, 2017 (one year)

2. Place of work: A public relations officer of the Rural Construction and Fisheries Corporation;

3. Kind of duties: The director of the Domina may, if deemed necessary, change the place or duty after hearing the opinion of Eul;

4. Working hours and recess;

(a) Working hours: 40 hours a week (09:0 to 18:00);

(b) Recess hours: the circumstances of * public relations officials;

If it is deemed necessary, A may extend work hours by up to 12 hours a week under an agreement with B.

5. Work days and holidays;

(a) Work day: Five days per week;

(b) Holidays: The circumstances of the public relations officials*.

6. Leaves shall be governed by the Labor Standards Act; and

7. Wages.

(a) Monthly benefits: 1,87,247 won (in response to the company's measures to be taken when it is impracticable to continue to work above the health and unfaithful attitude during the period of three months (hereinafter referred to as "tax evasion") ;

8. Other matters not stipulated in this contract shall be governed by the Labor Standards Act and the rules of employment of the company.

On August 16, 2016, the Plaintiff reported three instructors, including intervenors, on August 16, 2016, as of August 1, 2016.

On August 20, 2016, the Plaintiff, from the Korea Rural Community Corporation (hereinafter “Korea Rural Community Corporation”) on August 20, 2016, two members other than the Intervenor, including the Intervenor, have tried to serve the period of secondment under the Act on the Protection, etc. of Dispatched Workers after the lapse

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