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(영문) 인천지방법원 2013.10.18 2012가합17581

임금

Text

1. The defendant shall pay to the plaintiffs each corresponding amount and the corresponding amount stated in the "final quoted amount" list in attached Form 1.

Reasons

1. The Defendant’s determination on the main defense of the safety issues reveals that the Plaintiffs received all the statutory retirement allowances that occurred from the date of entry to the end of April 18, 2011, and promises to raise a civil or criminal objection related to retirement allowances. As such, the Plaintiffs’ claim for retirement allowances is unlawful in violation of the foregoing non-paragraph (a).

In addition to the statement in Eul evidence No. 10, the plaintiff prepared a written confirmation to the defendant on April 18, 201 that "the plaintiff received the full amount of statutory retirement benefits incurred from the date of retirement to the end of 2010, and will not raise any civil or criminal objection thereto" but the above facts alone are insufficient to deem that other plaintiffs expressed their intent to waive the right to claim retirement benefits to the defendant, and there is no other evidence to prove that the plaintiff actually received the amount in the name of retirement benefits from the defendant at the time of the preparation of the above written confirmation. On the other hand, there is no evidence to prove that the plaintiff A actually received the amount in the name of retirement benefits from the defendant at the time of the preparation of the above written confirmation, while the retirement allowance has the nature of the subsequent payment in consideration for the continuous employment, specific claim for retirement benefits was made under the requirement that the retirement allowance is terminated, and it does not constitute a violation of the Labor Standards Act No. 973, Dec. 3, 2017, which is void under the special agreement between the plaintiff A and the defendant 297.

2. Judgment on the merits

A. The Defendant is a port tugboat at the Incheon port and Pyeongtaek port.