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(영문) 서울중앙지방법원 2015.06.02 2014가단255907
무효확인
Text

1. Of the instant lawsuit, the part on the claim for reimbursement of KRW 2,000,000 among the claim for the confirmation of invalidation of protocol of conciliation and the monetary payment.

Reasons

1. On November 15, 2014, the Plaintiff, who was an employee of the Defendant based on the facts, filed an application for unfair dismissal with the Seoul Regional Labor Relations Commission (Seoul District Labor Relations Commission) as Seoul, and the Plaintiff and the Defendant agreed on the following terms and conditions of the settlement, and signed thereon by the Seoul Regional Labor Relations Commission’s protocol (hereinafter “instant protocol”).

1) The Plaintiff and the Defendant conclude an employment relationship as of September 22, 2014. 2) The Defendant pays 2,000,000 won (based on the amount received) to the Plaintiff as a settlement agreement account by November 26, 2014.

3) In the event that the above reconciliation clause is implemented, the plaintiff and the defendant shall not raise any objection in connection with the termination of the labor relationship of this case by any means of civil, criminal, administrative, or any other means in the future.

2. Determination on the legitimacy of the instant lawsuit and the legitimacy of the claim

A. The Plaintiff asserted that the amount that the Defendant had to receive from the Defendant in relation to the above dismissal was KRW 4,300,000, and the Plaintiff signed without having agreed to receive only KRW 2,000,000 upon the investigator’s recommendation, and thus, the Plaintiff sought confirmation of invalidity of the above protocol of compromise against the Defendant, and further sought payment of KRW 4,30,000,000.

B. We examine ex officio the claim to nullify the invalidity of the protocol of conciliation 1, and according to Article 16 (3) (n) (n) of the Labor Relations Commission Act, the protocol of conciliation prepared by the Labor Relations Commission has the effect of judicial compromise under the Civil Procedure Act, and judicial compromise has the same effect as the final and conclusive judgment, and the res judicata takes effect between the parties. Therefore, in order to deny the validity of the protocol of conciliation, it shall go through a quasi

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