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(영문) 창원지방법원 2020.02.14 2018재나116
임금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. The following facts are remarkable or obvious in records in this court:

1) On May 24, 2013, the network A brought an action against the Defendant for wage claim against the Changwon District Court Decision 2013Gada11352, and the said court rendered a judgment that accepted the Defendant’s claim on June 11, 2014. (2) The Defendant appealed against the first instance judgment and appealed with the Changwon District Court Decision 2014Na32209, but the appellate court rendered a judgment dismissing the Defendant’s appeal on December 18, 2014 (hereinafter “instant judgment subject to review”).

3) After receiving the original copy of the instant judgment subject to a retrial on December 30, 2014, the Defendant appealed to the instant judgment subject to a retrial and appealed by Supreme Court Decision 2015Da203318. However, the Supreme Court rendered a judgment dismissing the Defendant’s final appeal on May 28, 2015, and the instant judgment subject to a retrial became final and conclusive on February 12, 2016.

B. The Defendant filed a criminal complaint against a labor inspector who prepared the evidence for confirmation of overdue wages (Evidence 1) in the judgment subject to a retrial in the first instance judgment and the instant judgment, on charges of preparing false official documents. However, a non-prosecution disposition was rendered by the Changwon District Prosecutors' Office 2017 type No. 6329. 2) The Defendant filed an application for the perusal of the records of the instant case No. 2017 type No. 6329 with the said original District Prosecutors' Office, but the Defendant did not dismiss the investigation report, etc., but the Defendant filed a lawsuit against the head of the original District Prosecutors' Office 2018Guhap522 against the head of the original District Prosecutors' Office seeking the revocation of the said rejection disposition, and the first instance court filed a lawsuit against the head of the original District Prosecutors' Office 2019Nu10484, but the head of the Busan District Prosecutors' Office appealed District Prosecutors' Office was dismissed on August 28, 2019.

2. Determination as to the existence of a ground for retrial

A. The defendant's assertion A is the case.

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