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(영문) 수원지방법원 2021.03.31 2019가합26505
해고무효확인
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that runs the business of developing holding company interest software, etc., which has a web site C and D (hereinafter referred to as “stock company”) as its subsidiary, and the Plaintiff was employed by the Defendant’s legal team (or adviser) upon entering the Defendant company on September 1, 2017.

B. According to Article 7(1) of the Labor Contract which the Plaintiff entered into with the Defendant at the time of entry, “If it is difficult to continue to maintain the labor contract due to his/her fault, it may be subject to disciplinary action, and the labor contract may be terminated,” such as impairing the order within the company due to disciplinary grounds even during the term of the contract.

(c)

On July 10, 2019, the Defendant E (the Defendant’s representative director) sent the Plaintiff a notice to attend the personnel committee on July 18, 2019 due to the following reasons: (a) on July 10, 2019, the Plaintiff sent a notice to attend the meeting; and (b) on July 22, 2019, the personnel committee notified the Plaintiff of dismissal for the following reasons.

① Although efforts should be made to stabilize the group, it refers to legal responsibilities, etc. for executive officers and causes serious problems in stabilizing the group’s company as a whole. ② Act of seriously disturbing internal order against the representative and vice president of the company ③ An act of disturbing stability and order by disregarding the request for the return of assets for stabilizing the company. There is no dispute over the conduct [based on recognition], Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 10, Eul evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.

2. The parties' assertion

A. The defendant is a company where F, a major shareholder, has neglected all forfeited rights, and the plaintiff is a worker of the above company.

The defendant is a company that employs not less than five full time workers and is subject to the Labor Standards Act, without justifiable grounds of dismissal.

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