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(영문) 광주고등법원(제주) 2015.04.29 2014나1234
임금
Text

1. Of the judgment of the first instance court, the part of the claim for nullification of the termination of a labor relationship is revoked, and the plaintiff corresponding to that part.

Reasons

1. Basic facts

A. On June 4, 2012, the Plaintiff entered into an employment contract with the Defendant, a foundation that conducts research and development activities related to the business of the State and local governments, setting the contract period from June 4, 2012 to June 3, 2014 (hereinafter “instant employment contract”) and worked as IT and content business division C belonging to the Digital Convergence Center under the Defendant.

B. On July 9, 2013, the Plaintiff placed in D’s book the resignation source stating the phrase “on July 9, 2013, the resignation base is the main time.” The Plaintiff was aware that the Plaintiff submitted the resignation around July 12, 2013, and the president was reported on the said fact around July 15, 2013.

C. The Defendant accepted the above resignation on August 26, 2013, and submitted the resignation of the Plaintiff on August 7, 2013.

9. On July 10, 2013, the instant employment contract relationship was terminated. D.

On the other hand, the defendant's personnel management rules and personnel management rules provide as follows.

[Personnel Management Regulations] Article 16 (Employment Contract) (5) In the case of new employment of contract workers or renewal of contract, the criteria and policies under the Personnel Management Regulations shall be established and implemented in advance so as not to violate the relevant Acts and subordinate statutes.

(6) Temporary employees, daily employees, and executive officers, employees, etc. may be employed as necessary for their duties, and the procedures therefor shall be prescribed by the personnel management rules.

Article 79 (Dismissal at Request) When the head of a department in direct charge and an employee intend to retire at request, they shall submit resignation 30 days prior to the retirement.

Provided, That this shall not apply to cases recognized by the president due to special circumstances.

[Regulations on Personnel Management] Article 6 (Rules on Personnel Management) (1) 1. Temporary contract workers, temporary workers, daily employees, part-time officers, employees, etc. under Article 16 (5) and (6) of the Regulations shall comply with the work rules and employment contracts separately determined by the president and perform faithfully the assigned duties.

(3) A contracting officer shall be an employee in charge of business contracts and temporary employees.

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