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(영문) 서울고등법원 2020.04.14 2019나2041462
해고무효확인
Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

The defendant.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the first instance except for dismissal or addition as set forth below 2, and thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Subsequent to the second instance judgment of the first instance court of the part being dismissed or added, “the retirement date of the Plaintiff is December 31, 2019.”

The 4 to 6th of the fifth decision of the court of first instance is as follows.

Since the dismissal of this case is null and void for the following reasons, the defendant is obligated to pay to the plaintiff unpaid wages, retirement allowances, and damages for delay that could have been paid if the plaintiff had continued to work until the retirement date. The judgment of the first instance court of "3. Determination as to whether the dismissal of this case is null and void."

After the judgment of the court of first instance No. 12 of the 17th trial, “The dismissal of this case is still unlawful by abusing discretion, in light of the aforementioned various circumstances, even if the failure part of the instant disciplinary cause is recognized as a disciplinary cause.”

Of the 13th 2 and 3th 2 of the judgment of the first instance court, each “wages” shall be deemed to be “wages and retirement allowances”, “from the date of dismissal to the same day “from the date of dismissal” to December 31, 2019, which is the date of retirement of the plaintiff from the date of dismissal of the case,” and each “wages” in the 13th 10 and 11th 1st son shall be deemed to be “wages and retirement allowances”.

The first instance court's decision 14th 2th eth eth eth eth eth eth eth eth eth eth e.

“For the 18-month period from July 2018 following the date of the instant dismissal to December 18, 2019, the Plaintiff’s retirement date was 74,99,880 won (4,16,660 won x 18-month period).

Next, based on the above annual salary of KRW 50,000,000, the amount of the Plaintiff’s retirement allowance is KRW 33,333,280 between the parties.

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