logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.08.24 2016재나129
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, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

A filed a wage claim lawsuit against the defendant as the Changwon District Court 2013 Ghana 11352, and the above court rendered a judgment citing both A's claims on June 11, 2014.

B. On December 18, 2014, the appellate court rendered a judgment dismissing the Defendant’s appeal (hereinafter “instant judgment subject to review”) against the Defendant’s objection to the foregoing judgment of the first instance. However, the appellate court rendered a judgment dismissing the Defendant’s appeal (hereinafter “instant judgment subject to review”).

C. 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, but 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 as it is.

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

A. Defendant’s assertion 1) The confirmation source of overdue wages (Evidence A No. 1) submitted by the deceased Party A as evidence of the instant judgment subject to a retrial was falsely prepared, and the Defendant is currently under investigation by filing a criminal complaint against labor inspector who prepared the confirmation source of overdue payment money and valuables. As such, the instant judgment subject to a retrial has grounds for retrial under Article 451(1)6 of the Civil Procedure Act. 2) The judgment subject to a retrial of the first instance judgment and the instant judgment subject to a retrial of this case omitted the determination on the grounds for exemption from interest on overdue wages under the Labor Standards Act and the Enforcement Decree of the same Act, and the calculation of average wages during the period of settlement.

B. Article 451(1)6 of the Civil Procedure Act provides that “When documents and other articles used as evidence of the judgment have been forged or altered,” the grounds for retrial are stipulated as grounds for retrial, and Article 451(2) of the Civil Procedure Act provides that “in cases falling under subparagraphs 4 through 7 of paragraph (1), a judgment of conviction or a judgment of fine for negligence shall be rendered against an act subject to punishment.

arrow