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(영문) 서울고등법원 2018.05.01 2017누90669

평균임금정정 및 보험급여차액 청구 부지급처분 취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the dismissal or addition of the text of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

According to the first instance judgment of the first instance court, the witness C, who was found to be a witness C of the first instance court, added the following contents to the second instance judgment (excluding the second instance judgment of the first instance court) (the Plaintiff was promoted to the class of the team leader, and thus the above labor contract was null and void. However, even if the Plaintiff was promoted to the class of the team leader, the above labor contract does not become null and void as a matter of course solely on such ground, and there is no other evidence as to the invalidity of the above labor contract, and there is no other evidence as to the invalidity of the above labor contract) (the average wage of 62,246 won calculated by the Defendant is the average wage of 3,12,38 won based on the unit price of labor of the second instance (excluding the second instance judgment of the first instance court) (the Plaintiff is the average wage of 10,100 won and 10,1000 won per month per month per month per month per month per month per month per month per month and per month per month per month per month per month per month per month per month (10, 10, 10,210,215).

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.