1.The judgment of the first instance, including the primary claims added at the trial, shall be modified as follows:

The defendant.

1. Basic facts

A. The Defendant is a person who operates the “D Welfare Center” (hereinafter “instant welfare center”) in Seosan-si, and the Plaintiff was employed and worked as a caregiver at the instant welfare center from October 1, 2013 to the instant welfare center.

B. On October 10, 2014, the Plaintiff prepared and submitted to the Defendant a resignation letter stating “I” (hereinafter “the resignation letter of this case”) on September 29, 2014, stating that “The person in question was absent due to personal circumstances (the person in question’s guardian’s negligence) and re-satisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisf on September 29, 2014.” The Defendant accepted the resignation letter of this case on the same day.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's ground for claim

A. The primary claimant pressures the Plaintiff to dismiss the Plaintiff without voluntarily preparing a written resignation, once prepared a written resignation, and re-prepares the employment contract, and the Plaintiff had the Plaintiff prepare a written resignation, but did not conclude a new employment contract between the Defendant and the Defendant.

Therefore, since the Plaintiff’s declaration of resignation is an expression of intention, not an intentional intention, or a declaration of intent by fraud or coercion, it constitutes dismissal that terminates the labor contract relationship by the Defendant’s unilateral intention.

However, since the above dismissal is unfair due to the absence of justifiable grounds, the Plaintiff sought confirmation of invalidity of the above dismissal against the Defendant, and the Defendant is obligated to pay the Plaintiff wages calculated by the ratio of KRW 1,368,253 (average wage of the month before the retirement three months x 19 months x 19 months) and delay damages for the unpaid wages of KRW 25,96,807 (average wage of the month from October 10, 2014 to May 9, 2016) to the Plaintiff, respectively, and the wages calculated by the ratio of KRW 1,368,253 (average wage of the month from May 10, 2016 to the reinstatement.

B. Even if the employment contract was terminated by the submission of the instant letter of resignation, the Plaintiff maintained the continuous employment relationship with the Defendant for at least one year.