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1. The part concerning the claim for confirmation of invalidity of dismissal among the lawsuit in this case is dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Basic facts
A. The Defendant is operating a restaurant “D” (hereinafter “instant restaurant”) in Mapo-gu Seoul Metropolitan Government.
When the defendant is temporarily unable to work one main assistant among three employees working at the above restaurant, the defendant made online advertisements with the following job offer advertisements in order to employ substitute staff for the above main assistant during the period of time.
Contents: 1 minute per part of the whole day room of the kitchen (refrging with one-time experience at the kitchen room): 09:00 to 20:00 service (one-time break time) pay: 2.5 million won per month to 2.8 million won per month.
B. The Plaintiff reported the Defendant’s job offer advertisements and supported employment, and was employed by the Defendant through an interview on January 9, 2019.
The plaintiff and the defendant set the plaintiff's salary amounting to 2.5 million won per month, and the plaintiff's salary amounting to 2.5 million won from January 11, 2019.
However, on January 15, 2019 to June 16, 2019, the Plaintiff notified that he will work from January 17, 2019 on the ground that he had personal work. The Defendant understood this.
C. On January 17, 2019, the Plaintiff filed a complaint with the Defendant as to the duties while performing the principal duties at the instant restaurant.
Accordingly, the defendant recommended the plaintiff to resign at least seven clock on the same day, and the defendant did not work from the next day after his retirement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 7 through 10, the purport of the whole pleadings
2. The parties' assertion
A. The summary of the plaintiff's assertion is that the defendant dismissed the plaintiff as a day without justifiable grounds, and such dismissal is null and void.
Therefore, the plaintiff is obligated to confirm the invalidity of the above dismissal, and the defendant is obligated to pay to the plaintiff the wages of 2.5 million won per month from the above dismissal date until the plaintiff is reinstated, and the total of 2.5 million won for retirement allowances and 1 million won for life saving allowances.
B. The defendant's summary of the defendant's rebuttals is working conditions when the plaintiff rejected the defendant's legitimate business instruction.