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(영문) 서울동부지방법원 2019.08.16 2018나30926

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff worked from June 20, 2016 to September 20, 2017 for the Defendant Company C (hereinafter “instant Company”) with the representative director.

B. On January 16, 2018, the Plaintiff filed an application for remedy against unfair dismissal (Seoul Regional Labor Relations Commission Decision 2017Du2488, Seoul High Court Decision 2017Da2488) with the purport that “the Plaintiff and the instant company terminate labor relations by agreement as of September 20, 2017, and the instant company shall pay to the Plaintiff the amount of KRW 7,000,000, and upon the fulfillment of the said conditions, the Plaintiff shall not raise any objection in any future in connection with the overall matters of the instant labor relations and the termination of the labor relations (hereinafter “the instant reconciliation”).

The instant company paid the said agreed amount to the Plaintiff.

C. On January 19, 2018, the Defendant received a summary order of KRW 800,000 as a violation of the Labor Standards Act on January 19, 2018, on the ground that “the Plaintiff did not pay any wage and any annual paid leave, or did not grant any paid leave after deducting the amount of paid leave,” and the said summary order was finalized on February 8, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, significant facts in this court, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the Defendant paid or delayed payment of wages and allowances to the Plaintiff, who is an employee, and did not issue a certificate of employment, and did not allow the use of annual paid leave, and did not give unfair instruction, discrimination, and bath. Therefore, the Defendant is obligated to pay KRW 20,000,000 to the Plaintiff as compensation for damages

B. We examine ex officio the legality of the instant lawsuit.

According to Article 16-3 (5) of the Labor Relations Commission Act, a protocol of compromise prepared by the Labor Relations Commission has the effect of judicial compromise under the Civil Procedure Act.