1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The Plaintiff, from October 17, 2016 to November 19, 2016, served in D gas stations located in Yangyang-si Co., Ltd (hereinafter “gas stations”), and the Defendant is a person who performs the duties of a gas station managing the gas station under the direction of the president E, who is the representative of the gas station.

[Ground of recognition] Facts without dispute, entry of Eul Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings

2. On November 19, 2016, the Defendant asserted that the Plaintiff had been working on November 19, 2016, made verbal abuse to the Plaintiff, made assault and prevented him from working any longer, and accordingly, the Plaintiff was present at the Labor Agency. The Defendant, upon receiving the instructions from E to work at work, made the Plaintiff’s failure to comply with the instructions, is liable to compensate the Plaintiff for the damages therefrom.

3. The Defendant did not have any evidence to prove that the Plaintiff did not have any further work for the Plaintiff by having the Plaintiff act as alleged earlier, and even if the Defendant was unable to work for the Plaintiff, according to the witness F and E testimony of the trial witness F and E, the Defendant did not have the authority to have the Plaintiff withdraw from the office because he did not have the authority to have the Defendant withdraw from the office.

Rather, according to the testimony of the witness E at the trial room, E instructed the plaintiff to work through the defendant, and the defendant appears to have called the plaintiff accordingly, so the plaintiff's assertion is without merit.

4. In conclusion, the claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.