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(영문) 대전지방법원 2015.12.17 2015가단215479
부당이득금
Text

1. The Defendant’s KRW 24,893,640 for the Plaintiff and KRW 5% per annum from May 1, 2014 to August 3, 2015.

Reasons

1. Basic facts

A. On April 30, 2008, the Plaintiff refused to enter into and renew an employment contract with a professional employee (work contract) shall enter into an employment contract with the Defendant for a professional employee (work contract) with the contract period from May 25, 2008 to May 24, 2009. On April 23, 2009, the Plaintiff refused to enter into an employment contract with the Defendant by notifying the Defendant that the employment contract is terminated on the expiration date of the contract period.

B. After the process of administrative appeal, on July 31, 2009, the defendant filed an application for unfair dismissal with the Chungcheong Regional Labor Relations Commission, and on September 22, 2009, the Chungcheong Regional Labor Relations Commission rendered a decision ordering the plaintiff to pay the amount equivalent to the wages during the period of his/her reinstatement and dismissal on the ground that the plaintiff's refusal to conclude the contract constitutes an unfair dismissal, even if the plaintiff's refusal to conclude the contract is recognized as a legitimate expectation to be able to conclude the contract according to the prescribed procedure."

On December 21, 2009, the National Labor Relations Commission dismissed the application for reexamination on the ground that the Plaintiff was dissatisfied with the application for reexamination to the National Labor Relations Commission.

(hereinafter referred to as “instant review ruling”) c.

As of May 25, 2009, the Defendant was reinstated to the Plaintiff’s employee, and the Plaintiff paid the sum of KRW 24,893,640 to the Defendant during the period from May 25, 2009 to December 18, 2009.

(1) On December 3, 2010, the court rendered a decision that the rejection of the contract against the defendant is legitimate on the following grounds: (a) the plaintiff filed an administrative litigation against the chairperson of the Central Labor Relations Commission seeking the revocation of the decision on reexamination of this case (2010Guhap5943) with the Seoul Administrative Court; and (b) the court rendered a decision that the decision on reexamination of this case against the defendant is revoked.

① Even if an employee and an employer prepare a written employment contract specifying a period of time when concluding an employment contract with the Defendant, whether the employment contract is without a fixed period of time, the details of such written contract.

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