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(영문) 청주지방법원 2019.02.15 2018나9891
임금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts constituting the premise of the dispute

A. On June 1, 2017, the Plaintiff, a foreign employee of the Republic of Korea nationality, entered into an employment contract with the Defendant on June 1, 2017, and began to work in accordance with its manufacturing process.

B. The Plaintiff requested the Defendant to assign another department to another department.

On July 14, 2017, the defendant notified the plaintiff that he will work in the manufacturing process that he had worked originally.

C. On July 21, 2017, the Plaintiff retired from the Defendant’s dormitory.

[Ground of recognition] Unsatisfy, entry of evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The gist of the party’s assertion is that the Plaintiff dismissed the Plaintiff on July 2017, while the Plaintiff did not notify the Defendant of all the grounds and timing for dismissal. Therefore, the dismissal is null and void.

Therefore, the defendant asserts that he has the obligation to pay the amount of wages that the plaintiff could have been paid when he continued to work.

In this regard, the defendant did not dismiss the plaintiff, and the defendant asserted that he voluntarily withdrawn from the dormitory.

3. Determination

(a) The grounds for termination of an employment contract may be classified into retirement made by the employee’s intent or consent, dismissal made by the employee’s unilateral will against the employee’s will, automatic termination, regardless of the employee’s will, and the dismissal means the termination of any employment contract relationship made by the employee’s unilateral will against the employee’s will, regardless of the name or procedure in actual place of business;

(See Supreme Court Decision 92Da54210 delivered on October 26, 1993, etc.). B.

The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant dismissed the Plaintiff on or around July 2017, and there is no other evidence to support this.

Rather, the above evidence and evidence Nos. 1 and 2 of the evidence and the whole purport of the pleadings are integrated.

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