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(영문) 대전고등법원 2015.09.03 2013나6399

해고무효확인

Text

1. The judgment of the first instance, including the Plaintiff’s claim for the payment of the money extended and added in the trial, shall be amended as follows.

Reasons

. To apply as above.

The same shall also apply to the portion of retirement allowances and welfare pension.

A) The Defendant is obligated to pay interest in arrears calculated at the ratio (the Defendant asserts that he/she has no right to claim welfare pension equivalent to welfare expenses, self-development expenses, etc., but the Defendant is obligated to pay the benefits that the Plaintiff received during the period of invalidation of his/her position. As such, the above argument is rejected.

1) As seen earlier, on March 26, 2014, the Defendant deposited KRW 58,169,456 as the salary for the period of invalidation of post against the Plaintiff on September 23, 2014 (as stated in Gap evidence 55), but the Plaintiff paid it on September 23, 2014 (as stated in the table for calculation of salary for 2 years) and KRW 170,129,838 (as stated in the table for calculation of salary for 2 years) and interest for 12,92,920,920 (as stated in the table for calculation of salary for 2 years for 20 years) for the total amount of KRW 20,560 (as stated in the table for calculation of salary for 2 years) for 25 years and KRW 20,716,570 (as stated in the table for calculation of salary for 2 years) for 16 years and KRW 479,520,670).

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