Receipt of retirement consolation benefits and effects of disposition of dismissal;

It is difficult to recognize that a dismissal disposition against a person is valid only on the ground that he/she received retirement consolation benefits, and such fact does not automatically convert the validity of the dismissal disposition.

Article 27 of the Labor Standards Act Article 138 of the Civil Act

Supreme Court Decision 71Da1635 delivered on June 27, 1972 (Daad 10171; Supreme Court Decision 20Du2118 delivered on June 27, 197; Decision Decision 27(5)1596 of the Labor Standards Act)

Plaintiff

Korea Water Resources Development Corporation (Attorney Han-sung et al., Counsel for the defendant-appellant)

may 26, 1970

Seoul Civil District Court Decision 70Da12456 delivered on March 26, 1971

The defendant's appeal is dismissed.

The appellate court costs shall be borne by the defendant.

It is confirmed that an action taken by the defendant against the plaintiff as of January 31, 1970 is null and void. The costs of the lawsuit are assessed against the defendant.

The original judgment is revoked. The plaintiff's claim is dismissed. The costs of lawsuit are assessed against the plaintiff in both the first and second instances.

1. The reasoning for the judgment of the previous trial is that, in addition to adding the following judgments to the entry in the reasoning column in the original judgment, it is identical to the entry in the reasoning column in the original judgment.

2. The defendant asserted that the plaintiff's assertion is unfair since he received KRW 77,572 from the defendant on February 5, 1970 without an objection. Thus, it is difficult to recognize that the plaintiff received KRW 77,572 from the defendant as the plaintiff's receipt of retirement consolation benefits from the defendant. However, it is difficult to recognize that the plaintiff's receipt of KRW 77,572 from the defendant is valid. In addition, the above defendant's argument cannot be adopted since the removal of the plaintiff which was void automatically due to such fact is not converted to its validity.

3. If so, the plaintiff's claim is justified, and this conclusion is just in the original judgment, and the defendant's appeal is dismissed, and the costs of the lawsuit are to be borne to the defendant who has lost, and it is so decided as per Disposition.

Judges Go Youngk (Presiding Judge)