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(영문) 부산고등법원 2019.02.13 2018나55398
해고무효확인
Text

1. Defendant among the judgment of the first instance, ordered the Plaintiffs to pay in excess of the following amounts:

Reasons

1. In the first instance trial, the Plaintiffs sought confirmation of invalidity of the instant dismissal against the Plaintiffs, and ② payment of wages during the period of dismissal, respectively.

On this basis, the court of first instance rejected the claim for confirmation of invalidity on the ground that there is no benefit of confirmation, and all of them are dismissed, and ② partly accepted the claim of the plaintiffs, and all of the remaining claims were dismissed.

As to the above judgment of the first instance, only the defendant appealed.

Therefore, the scope of this Court's adjudication is limited to the part against the defendant regarding the plaintiffs' wage claim (the above part of the claim).

2. Facts of recognition;

A. The Defendant is a company established on October 6, 201 and engaged in the manufacturing and painting of steel structures.

B. The plaintiffs and the defendant prepared a written employment contract with the following contents.

Plaintiff

A, Employment Site B: D Wage in H (State): Class 2.40,000 won per day and 20,000 remaining business

(zb) wages include all legal allowances;

Contract period: The contract date from November 10, 2015 to November 9, 2016 (one year): The contract period of Plaintiff C on December 17, 2015: November 30, 2015 to November 29, 2016 (one year) shall be the same as that of Plaintiff A and B.

C. From November 10, 2015, Plaintiff A and B performed the pre-processing of vessel structures and sand trading work at the Defendant’s workplace located within H Co., Ltd. (hereinafter “H”) from November 30, 2015.

In the meantime, on February 26, 2016, Defendant E’s representative director rejected complaints against the Plaintiffs’ demand for wage increase, and suspended the Plaintiffs’ work.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

3. The assertion and judgment

A. The 1st Plaintiffs asserted by the parties, on the following grounds, are obligated to pay the Plaintiffs unpaid wages during the period of dismissal of the instant case and their delay damages.

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