1. All of the plaintiff's claims are dismissed.

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

1. Facts of recognition;

A. On September 1, 2018, the Plaintiff agreed to receive KRW 2,500,000 per month as wages when concluding an employment contract with the Defendant.

B. On December 10, 2018, the Defendant recommended the Plaintiff to resign, and the Plaintiff sent a content-certified mail to the Defendant on the same day, stating that “the Plaintiff is notified of the measure of recommending the Plaintiff, and applies for a one-month wage corresponding thereto.”

C. The Defendant paid the Plaintiff the monthly salary for one month according to the Plaintiff’s content-certified mail.

After that, the Plaintiff filed the instant lawsuit on March 18, 2019, whether the Plaintiff did not specifically raise any objection to the Defendant.

E. On March 28, 2019, after the filing of the instant lawsuit, the Plaintiff filed an application for unfair dismissal with the Gyeonggi Regional Labor Relations Commission to the effect that “the Defendant dismissed the Plaintiff on January 2, 2019 without any justifiable reason” (No. 2019da702) and the Defendant submitted a written reply to the effect that “the dismissal of the Defendant was made on December 10, 2018, not on January 2, 2019, rather than on December 2, 2019, with the period for filing the lawsuit of the Labor Relations Commission, which exceeds the period for filing the lawsuit of the Labor Relations Commission, and there is an illegal and justifiable reason” on April 18, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was dismissed verbally from the Defendant on December 10, 2018.

The dismissal is not made in writing, and it is null and void as there are no grounds for dismissal.

Therefore, the confirmation of invalidity of dismissal and the payment of unpaid wages are sought.

B. The grounds for termination of the first employment contract can be divided into retirement, dismissal, automatic extinguishment, etc.

Retirement is a worker's intention or consent, and dismissal is a unilateral intention against the worker's will, and automatic termination is automatically terminated regardless of the worker's or the employer's will.

Labor Standards Act.