휴업급여등
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. The defendant is a person who is engaged in the steel structure assembly business with the trade name of C, and the plaintiff is a person who is employed by the defendant in 120,000 won per day and works for the defendant as a worker.
B. On September 6, 2012, at around 08:30, the Plaintiff suffered injury, such as a structural sloping, etc. on the left side (hereinafter “the instant injury”), by falling at a height of 2.5 meters, while working on vinyl replacement in the E farm greenhouse located in Jeju City, in accordance with the Defendant’s work order.
C. The Defendant, as the Plaintiff’s employer, received the instant injury from November 1, 2013 to July 10, 2015, received KRW 775,60, and KRW 26,928,00 from January 15, 2013 to September 30, 2013, and from November 6, 2014 to February 28, 2015, issued a summary order of KRW 1,00,00 from the Jeju District Court on November 9, 2015 to a fine of KRW 1,00,00 from the Jeju District Court on a summary order of KRW 1,00,00 for each period of medical care (see, e.g., Supreme Court Decision 201Da71315, Jul. 13, 2015).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. On July 22, 2013, the Defendant asserted that the Plaintiff would no longer raise a civil or criminal objection with respect to the injury of this case if the Defendant paid the Plaintiff a total of KRW 7.5 million between the Plaintiff and the Plaintiff. The instant lawsuit is unlawful as it was filed against the agreement on the lawsuit of this case.
B. 1) Determination 1) An agreement that does not file a lawsuit even if there is a dispute as to specific rights or legal relations in the relevant legal principles (hereinafter “non-committee agreement”).
In the case of a suit filed in violation of this, there is no benefit in the protection of rights, but in the case of a suit agreement, it gives rise to the effect of a serious litigation law, such as the waiver of a claim for trial guaranteed by the Constitution.