1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.

2. The defendant 7,421,400 won and 7.0 of them among the plaintiff.

Basic Facts

Article 1 (Period of Contract) of the Labor Contract (Period of Contract) (Period of Contract) from March 26, 2015 to March 25, 2016, Article 2 (Work Hours) ① Work Hours shall be five hours a day.

Article 4 (Composition of Wages): 5,580 won (Calculation of Wages and Date of Payment) (1) Wages shall be calculated on a hourly or daily basis, and they shall be paid on a monthly basis for convenience.

(2) Except as otherwise expressly provided for in the Act, the principle of non-labor-free wages shall apply to the calculation of wages.

Article 6 (Holiday and Leave) (1) Holidays shall be holidays every day a week and Workers’ Day.

On March 30, 2015, the Plaintiff and the Defendant concluded a labor contract with the following terms (hereinafter “instant labor contract”).

The plaintiff and the defendant set every week and every month, second day, fourth Sundays as a holiday.

On June 16, 2015, the Defendant sent a text message to the Plaintiff stating that “On June 8, 2015, the Defendant expressed his intention to dismiss and expressed his intention to determine part 15. At the time of the store’s work, the Defendant sent a text message stating that “The notice of dismissal was sent once again due to communication among the employees related to the store operation and twitble.”

(hereinafter referred to as “the dismissal of this case”). [Grounds for recognition] The plaintiff’s assertion as to the legitimacy of the claim for nullification of the dismissal of Gap’s Nos. 1 and 2, and the purport of the entire pleadings, is legitimate, and the defendant unfairly dismissed the plaintiff without justifiable grounds to dismiss the plaintiff. Thus, the plaintiff’s dismissal is sought.

Judgment

A lawsuit for confirmation is allowed to eliminate the risk or apprehension with respect to the current rights and legal status, and the lawsuit for confirmation of nullity of dismissal also has the benefit of confirmation only where it becomes effective and appropriate as against dismissal which is a previous legal act in order to restore the original status based on a labor contract or to eliminate the present risk or apprehension with respect to the current rights and legal status arising from dismissal.

Supreme Court Decision 94Da401 Decided April 11, 1995