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(영문) 서울중앙지방법원 2020.01.16 2019가합502971
해고무효확인
Text

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

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

Reasons

Basic Facts

A. The defendant is a juristic person with the purpose of the business of manufacturing and selling maternal and hair products.

B. On January 1, 2016, the Plaintiff prepared an employment contract (a contract entered into as the aforementioned employment contract) and an annual salary contract with the Defendant as follows, and served as a regular member of the Defendant’s Chemical Headquarters in charge of the business of the Defendant. The Defendant in the employment contract (hereinafter “company”) and the Plaintiff (hereinafter “executive”) enter into an employment contract with the Defendant as follows, and comply with it in good faith.

section 1 (Status) Officers shall perform the duties prescribed by the regulations of the company or the board of directors of the company as officers.

Article 2 (Authority) Officers shall have the authority in accordance with the duties assigned to them by the Company.

Article 3 (Remuneration for Officers) Any remuneration for executives shall be governed by a separate annual salary contract.

Article 7 (Termination of Contract) (1) If one of the parties to a contract wishes to terminate the contract, the company and its officers may terminate the contract after mutual agreement on the basis of mutual trust.

(2) In any of the following cases, a company may terminate the contract immediately:

1. Where it is impossible to perform duties normally due to the death, illness, serious injury, etc. of executive officers;

2. Where an executive officer causes loss to the company by intention or negligence;

3. Where any other serious cause making it impracticable to maintain this contract occurs, the term of an annual salary contract under Article 1 (Period of Annual Salary Contract) of the annual salary contract shall be from January 1, 2016 to December 31, 2016.

Article 2 (Annual Salaries) An annual salary shall consist of basic annual salaries and piece rates.

Article 3 (Methods and Timing of Payment of Annual Salaries) of the total annual salary of KRW 120,00,000 as the total annual salary for the performance-based annual salary of KRW 30,000,000,000 shall be paid on 25 days of each month in equal installments into 1/12.

C. On February 23, 2018, the Defendant’s instant commission contract expired on December 31, 2017. However, the Defendant delayed the Defendant’s regular executive personnel who was scheduled on December 2, 2017, and thus, on February 8, 2018.

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