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(영문) 광주지방법원 2014.08.29 2014가합1319
임금 등
Text

1. The plaintiff's lawsuit dismissed the part of the claim for nullification of the wage agreement.

2. Plaintiff’s claim for payment of wages.

Reasons

1. Determination as to the claim for confirmation of invalidation

A. The plaintiff's assertion 1) Even though the plaintiff's wage was 1,62,915 won when he worked on 26th of May 2004, the plaintiff's wage was 1,62,915 won, the defendant's wage was 24 days (22 days for February 1, 2005) of the wage agreement entered into between Gwangju Metropolitan City Bus Transport Business Association and the Korea Automobile Workers' Union on May 31, 2005, "the total number of days of monthly work from July 1, 2005 to 24 days (2 days for February), including basic pay, overtime work allowance, night work allowance, weekly work allowance, welfare allowance, etc. The plaintiff's wage was 1,560,461 won including overtime allowance, 77,837 won, and the plaintiff's wage was reduced to 1,560,461 won when he worked on 24th of July, 2005, which was in violation of the above provision of the former Labor Standards Act.

Therefore, it is necessary to seek confirmation of invalidity.

B. The Defendant’s judgment on the Defendant’s defense prior to the merits is unlawful since the Plaintiff’s lawsuit on this part is groundless as there is no benefit of confirmation.

1) Although a lawsuit for confirmation is permitted to eliminate risks or apprehensions with respect to the current rights or legal status, even in the past legal relations, if it is affected by the current rights or legal status, and if it is recognized that obtaining a judgment on confirmation of the relevant legal relations is an appropriate means to eliminate risks or apprehensions with respect to the current rights or legal status, there is benefit in confirmation (see Supreme Court Decision 2010Da36407, Oct. 14, 2010).

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