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(영문) 대법원 2021.01.28 2020다42210

임금

Text

Of the Defendants’ failure portion of the judgment of the court below, the money indicated in the “total” column of the attached Table 2 against the Defendants.

Reasons

The grounds of appeal are examined.

1. As to the first ground for appeal

A. The judgment of the court below that partially accepted the plaintiffs' claim was accepted, but the appellate court reversed only part of the plaintiffs' failure part of the judgment of the court below prior to the remand, and dismissed all of the plaintiffs' remaining appeals and the defendants' appeals, the scope of the judgment of the court below after the remand is limited to the reversed part of the part against the plaintiffs in the judgment of the court below prior to the remand and the expanded part after the remand. The judgment of the court below that dismissed the appeal among the part against the plaintiffs in the judgment of the court below prior to the remand and the part against the plaintiffs in favor of the plaintiffs in the judgment of the court below prior to the remand became final and conclusive by the judgment of the above remand, and the judgment below cannot be examined after the remand (see Supreme Court Decisions 90Da18036, May 24, 1991; 94Da51543, March 10, 195; 96Da2187, April 14, 1998; 2013Da31667, Feb. 16, 2017

1) The Plaintiffs filed a lawsuit against the Defendants seeking payment of overtime night work allowances, retirement allowances, four weeks’ paid leave allowances, seven paid leave allowances, seven paid leave allowances, and overtime work allowances (hereinafter collectively referred to as “each of the instant allowances”) including regular wage, etc. against the Defendants.

2) The first instance court determined each of the instant allowances including both actual working on board expenses, daily expenses, and personnel expenses, as ordinary wages, and subsequently sentenced to a judgment citing part of the Plaintiffs’ claims. Only the Defendants appealed against the part of the judgment of the first instance court against which they lost.

3) Before remanding, the lower court partially accepted the Defendants’ appeal and rejected the Plaintiffs’ claim regarding overtime work allowances out of each of the instant allowances, while regarding the remaining allowances.