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(영문) 대전고등법원 2020.04.22 2019나12938
임금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is the plaintiff A, B, C, D, E, F, G, H, K, L, M, P, R.

Reasons

The court's explanation of this case by the court of the first instance as to this case is identical to the remaining part of the reasoning of the first instance judgment except for the part concerning "4. conclusion" among the grounds of the first instance judgment, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the

Part 4 of the judgment of the court of first instance (hereinafter referred to as "persons who work for the first time") shall be as follows:

“Persons who work or retired from office. Of the Plaintiffs, Plaintiff P paid KRW 2,053,709 as annual leave allowances on February 5, 2013, Plaintiff Q on October 8, 2015, Plaintiff Q on July 30, 2014, and Plaintiff R on May 31, 2015, respectively. Plaintiff S retired on August 19, 2015, and retired on March 5, 2016, respectively, during which Plaintiff S retired from office on March 8 and 9, 2016.” In the first instance judgment, “(5) the Defendant paid KRW 2,053,709 as the annual leave allowances on January 20, 2017,” and in the same case, “No. 9” added “No. 5-1, 709” to Plaintiff L on January 20, 2017.

The part of the 9th judgment of the first instance shall be deleted from 10 pages 21 to 10.

Part 16 of the first instance judgment of the court of first instance (C. Determination on the part cited in the claim for unpaid allowances and bonuses) shall be made by "C. Calculation of unpaid allowances and bonuses by each plaintiff".

The judgment of the first instance court No. 16, No. 14, and No. 15 of the Enforcement Decree of the Labor Standards Act (amended by Presidential Decree No. 29010, Jun. 29, 2018; hereinafter “Enforcement Decree of the Labor Standards Act”).

Article 15 of the Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018; hereinafter “Labor Standards Act”) No. 16 of the first instance judgment, No. 19 of the first instance judgment, No. 16 of the Labor Standards Act (hereinafter “Labor Standards Act”).

The part of the first instance judgment from 17 pages 16 to 22 is dismissed as follows, and the part of the second instance judgment from 22 pages 3 of the second instance judgment is dismissed.

Paragraph d. “...”

“An arrangement that exceeds the standard working hours set forth in the Labor Standards Act.”

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