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(영문) 서울고등법원 2016.09.09 2015누61551
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment on the allegations emphasized by the plaintiff in the trial under paragraph (2) of this Article, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. Although the Plaintiff’s gist of the Plaintiff’s assertion did not put up the work regulations, the Intervenor’s resignation is null and void.

In addition, there is no evidence that the plaintiff has established the work regulations, and the reason for retirement has been written as a recommendation resignation according to the direction of the head of the security team, and the resignation has not been prepared as a free will.

Ultimately, since the intervenor terminated a labor relationship by a unilateral intention, it should be regarded as unfair dismissal.

B. In a case where the employer received a written resignation from the employee and completed the employment contract by taking the form of dismissal from the employee who accepted it, if the employer had an employee who has no intention to resign prepare and submit a written resignation without any choice, it constitutes a dismissal as it actually terminates the employment contract by the employer’s unilateral intent.

However, in other cases, the employer's refusal of resignation following the submission of resignation and the relationship between the employer and the employee's labor contract is terminated by the termination of the agreement, so the dismissal disposition for the employee's parliamentary dismissal cannot be viewed as dismissal. In the expression of intention, other than the truth, the expression of intention refers to the expression of intention of the person who intends to express a specific contents, and thus, the expression of intention does not refer to the expression of intention in the genuine mind. Therefore, even if the person who made the expression of intention is not bound by the genuine mind, it is judged to be the best in the present situation.

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