logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.09.01 2016나2048813
임금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts are based on the reasoning of this case: (a) the reasoning of the court in this case is as follows: (b) the reasoning of the second 13th judgment in the judgment of the court of first instance is as follows: (c) the "No. 26, 1998" in the second 13th judgment is as "No. 24, 1998"; and (d) the ground of this case is as stated in the corresponding part of the judgment of the court of first instance except for adding "the plaintiff withdraws the portion of the claim for wages at the trial."

2. Assertion and determination

A. Articles 107 and 107 of the Civil Act (a declaration of intention which is not true) (1) of the Civil Act shall be effective even if it was known that the reporter is not a true person.

However, if the other party knew or could have known that he was not a witness, it should be null and void.

Article 4 (Establishment of Terms and Conditions of Employment) of the Labor Standards Act shall be freely established on the basis of equality, as the workers and their employer are equal.

1) The Plaintiffs asserted that the Defendant Corporation did not submit to the Plaintiffs a written resignation and a written waiver of employment experience containing each of the instant declarations of intention (hereinafter “change experience” in this case) to the Plaintiffs, “if the Defendant Corporation did not submit a written waiver of employment standard salary for new employees, the Plaintiffs need not be employed as regular employees.” Since the Defendant Corporation uniformly demanded a written waiver of employment and a written waiver of employment experience, the Plaintiffs could not make any other choice. Accordingly, each of the instant declarations of intention constitutes a declaration of intention not of intention, and thus, is null and void pursuant to Article 107 of the Civil Act or is null and void pursuant to Article 4 of the Labor Standards Act. 2) For the following reasons, the Plaintiffs’ assertion is without merit. If an employee submitted a written resignation, etc. to the employer based on his/her free will and received retirement allowances according to such a determination, it may be inevitable in accordance with the employer’s unilateral management policy to submit a written resignation, etc.

arrow