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(영문) 수원지방법원안산지원 2016.05.18 2015가단103661

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The plaintiff is a company running the taxi transport business, and the defendants are part of the parties to the case stated in the claim as a worker who is or was in office in the plaintiff company.

The employees of the Plaintiff Company, including the Defendants, filed a lawsuit seeking payment of the difference if the Plaintiff paid wages below the minimum wage, and received a partial award in the first instance trial. In the case stated in the claim of the appellate court, the decision of recommending settlement (hereinafter “decision of recommending settlement of this case”) dated October 23, 2013, stating that the principal of the above quoted amount should be paid until December 31, 2013, became final and conclusive.

【In the absence of dispute, Gap 1-3 evidence, plaintiff's assertion and judgment as to the purport of the whole pleadings, the plaintiff shall pay 70% of the amount of the above wage claims between the president of the partnership and the president of the partnership delegated with the authority to dispose of the wage claims based on the recommendation of reconciliation of this case through the resolution of the general assembly of the trade union. The plaintiff agreed to waive the attorney's contingent fees and association subsidies, instead of the plaintiff's share of the remaining wage claims. The union members individually received the agreed amount paid in lump sum to the trade union. Thus, since the claims under the recommendation of reconciliation of this case were all extinguished, compulsory execution based thereon shall be dismissed

Specifically, wages (including bonuses) or retirement allowances for which the right to claim the payment has already occurred are transferred to the worker’s private property area and entrusted to the worker’s disposition. Thus, as long as a trade union does not obtain an individual consent or authorization from the worker, it cannot perform the act of disposition such as waiver or postponement of payment solely with the collective agreement between the employer and the employer, it is so long as there is no individual consent or authorization of the worker to return the wages already paid to the worker