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(영문) 서울고등법원 2020.01.17 2019나2030561

근로에관한 소송

Text

1. The judgment of the first instance, including the Plaintiff’s claim changed in the trial, shall be modified as follows:

In this case.

Reasons

1. The reasons why the court should explain this part of the basic facts and the gist of the plaintiff's assertion are three pages of the judgment of the court of first instance.

Article 420 of the Civil Procedure Act provides that “H” referred to in paragraph (1) shall be construed as “K,” and Article 4 of the Act provides that “The Defendant shall, on the other hand, resign and dismiss the Plaintiff as of December 1, 2016, the date of the retirement of the Plaintiff as of December 1, 2016, the Defendant shall seek confirmation that the dismissal of the Plaintiff as of December 1, 2016 is null and void. In addition, the Defendant shall seek payment of KRW 20,00,000 to the Defendant’s partial claim among the wages of KRW 7,104,621 (excluding salary increase and piece rates, etc.) from the above date to the date of reinstatement,” except that “1. Basic facts and the summary of the Plaintiff’s assertion” referred to in the judgment of the court of first instance and “the summary of the Plaintiff’s assertion” (the second to fourth following the second to fourth of the second to fourth of the same shall be cited as it is in accordance with Article 420 of the Civil Procedure Act.

2. On December 6, 2016, after the dismissal from office upon the instant resignation, the Plaintiff prepared a written confirmation stating the following matters and submitted it to the Defendant, if the purport of the entire argument was presented in the written evidence Nos. 17 and 18, respectively, of the evidence Nos. 17 and 18.

I confirm that the overtime allowances incurred at the time when the defendant is in office have been fully settled, and shall not make a claim or objection in any way with respect to the following matters:

1. waives the right to further claims concerning all matters relating to wages, etc.;

2. Ascertainment that the Company or its officers and employees with respect to this matter do not raise any and all judicial claims, including appeals, and any administrative, civil and criminal complaints, including judicial proceedings, against the Company or its officers and employees.

3. This certification shall be drawn up with free will without any pressure, and shall then confirm that it would not deny or revoke the validity of this certification.

According to the above facts of recognition.