logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.06.09 2019나331
퇴직금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 6,591.

Reasons

1. Basic facts

A. From September 7, 2010, the Plaintiff served as the Defendant’s bus driver.

On December 29, 2015, the Defendant dismissed the Plaintiff, and paid KRW 13,396,701 of retirement pay by January 19, 2016.

B. On February 18, 2016, the Plaintiff filed an application for remedy with the Chungcheong Regional Labor Relations Commission.

On July 29, 2016, the commission decided that the dismissal of the defendant on December 29, 2015 was unfair and paid wages during the period of reinstatement and dismissal to the defendant.

C. On December 6, 2016, the Central Labor Relations Commission dismissed all applications for reexamination filed by the plaintiff and the defendant for reexamination of the above determination. D.

The defendant, who is dissatisfied with this, filed a lawsuit to revoke the Seoul Administrative Court's adjudication on relief from unfair dismissal as Seoul Administrative Court 2017Guhap51433.

On November 30, 2017, the above court dismissed the defendant's claim on the ground that the dismissal of the defendant on December 29, 2015 constituted unfair dismissal.

E. On December 28, 2017, the Defendant lodged an appeal against the judgment of the Seoul Administrative Court, but withdrawn the appeal after agreement with the Plaintiff.

Terms and conditions of agreement between the Defendant and the Plaintiff are as follows:

(hereinafter referred to as the “instant agreement”). On the cancellation case of cancellation of the unfair dismissal remedy trial tribunal in Seoul Administrative Court 2017Guhap51433, Seoul Administrative Court, 2017Guhap51433

C. As to the case of application for remedy for unfair dismissal and unfair labor practices filed by D/E, F (Joint) B, the Plaintiff withdrawn the proceedings, and the Defendant agreed to pay the above amount and pay it in full, the Defendant agreed not to raise any civil or criminal objection in relation to the instant case, and thus, prepares a written agreement as follows.

- - The following:

1. The above-related cases;

C. As to the order of D/E, and F (Joint) rulings, the amount of 52 million won shall be determined by mutual interest, and the amount shall be paid in two-3 installments within the earlier date on January 2018, on the one hand, and the Plaintiff shall bear taxes and public charges, Gap's taxes and public charges, and four others.

arrow