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(영문) 대법원 2017.05.31 2015다18299
임금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

According to Article 3 of the Trial of Small Claims Act, with respect to small claims, an appeal may be filed only when the judgment on whether or not the violation of the law, rules of order or disposition, or the law of order or disposition is unfair, or when the judgment contrary to the Supreme Court's precedents

Here, “when the Supreme Court rendered a decision contrary to the Supreme Court’s precedents” refers to a case where the Supreme Court’s decision is made on the application of the statutory provisions applicable to a specific case to the relevant case, which are subject to the definition interpretation through a trial of the Supreme Court, or on the premise of the opposite interpretation contents, to the relevant case.

(See Supreme Court Decision 2006Da53078 Decided October 13, 2006, etc.). The Plaintiff asserted as the ground of appeal that the judgment of the court below conflicts with the Daejeon District Court Decision 2014Guhap101698 Decided February 4, 2015. However, even if the judgment of the court below is not different from the judgment of the Supreme Court, it is difficult to view that the judgment of the court below is a case where the judgment of the court below is contrary to the Supreme Court precedents.

The remaining grounds of appeal are merely an error of misapprehending the legal principles on labor relations under the Labor Standards Act, misconception of facts, or a violation of the rules of evidence, and thus, the grounds of appeal on small claims do not constitute the grounds of appeal under Article 3 of the Trial

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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