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(영문) 서울고등법원 2020.01.17 2018나2039035
근로자지위확인의 소
Text

1. Of the judgment of the first instance court, the part against the plaintiffs, including the plaintiffs' claims changed in the trial.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

In addition to revising as stated in paragraph (2) and adding judgments at the trial, the relevant part of the judgment of the court of first instance is identical to that of the plaintiffs in the judgment of the court of first instance (the plaintiffs in the judgment of the court of first instance are "the plaintiffs in the judgment of the court of first instance"), and therefore, the relevant part is cited in accordance with the main sentence of Article 4

B. 1) From the date of “in this case, the retirement age of the first Plaintiffs is in accordance with the actual date of birth, which is the basic date for computing the retirement age under the Elderly Employment Act (see, e.g., Supreme Court Decision 2018Da269838, Mar. 14, 2019).” 2) The first instance court’s “in December 31, 2016,” which read “from the date of birth of 2016,” “from the date of birth of 2016,” and “the sum of wages or retirement allowances” under the first and seventh (17) of the first instance judgment as “from the date of birth of 2016,” and “the sum of the wages and retirement allowances” under the first and seventh (17) of the said judgment as “the aggregate of the wages and retirement allowances” is not subject to dispute between the two parties’ respective interim income and retirement income (see, e.g., Supreme Court Decision 2018Da182838, Dec., 19).

3. "No. 6 through 9 of the 13th judgment of the first instance court". Accordingly, the defendant's 1's each money stated in the column for the "amount cited in attached Form 2" and each of them to the plaintiffs from January 15, 2017, past 14th of the date of retirement, to January 17, 2020, referred to in Article 18 subparagraph 3 of the Enforcement Decree of the Labor Standards Act, which is deemed appropriate for the defendant to dispute to the court as to the existence of a part of wages or retirement allowances, shall be 6% per annum under the Commercial Act, and the Labor Standards Act from the following day to the date of full payment.

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