beta
(영문) 대전고등법원 2019.07.18 2018나10188

임금

Text

1. The defendant's appeal is dismissed.

2. The defendant bears the costs of appeal.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is the same as the reasoning of the judgment of the court of first instance, except for addition or dismissal as follows. Thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiffs listed in paragraphs 1 through 198 of the 11st 3th 1st 3th 1st 3th 3th 3th 1st 1st 1st 1st 1st 1st 2.

7 pages 4, “The judgment was pronounced,” followed: “The Defendant appealed against the above judgment, but the appellate court dismissed the appeal on November 30, 2016 (Seoul High Court Decision 2015Na22061). The Defendant appealed again, but the Supreme Court dismissed the Defendant’s appeal on May 10, 2019 (Supreme Court Decision 2016Da56045).”

The 14. 4. to 17. 6. 17.

A. (1) Determination as to the defense of the expiration of the extinctive prescription period, etc.) Summary of the Defendant’s defense is as follows: (a) the Defendant received interim settlement around February 2, 2012 among the Plaintiffs in the interim settlement of retirement pay in the instant case (attached Form 2, “In the interim settlement of retirement pay around February 2012”; and (b) “the Plaintiffs in the interim settlement of retirement pay around February 2012.”

(2) The right to claim interim settlement of retirement pay from the above Plaintiffs requires interim settlement of retirement pay accrued during the subscription to the retirement pension, and the Defendant’s acceptance of the interim settlement of retirement pay has expired three years from that time on February 15, 2015. 2) The right to claim interim settlement of the relevant statutory retirement pay is established when the employee demands interim settlement of retirement pay for all or part of the period of continuous employment of the king, and the employer accepts interim settlement of the required period. As such, the right to claim interim settlement of retirement allowance occurs at the time of the establishment of interim settlement, and the period of extinctive prescription is calculated from that time (see, e.g., Supreme Court Decision 2006Da20542, Feb. 1, 2008).