logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.08.27 2019다203989
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal Nos. 1 and 2, the lower court, on the grounds as indicated in its reasoning, determined that the agreement concluded on January 30, 2012 between the Defendant Company and F organization (hereinafter “instant agreement”) was also applied to Plaintiffs B, D, and E, and the network C (hereinafter “retirement party”), other than Plaintiff B, E, and the Defendant Company’s employees, on July 20, 2015 (hereinafter “ordinary wage compromise”), in lieu of the retroactive portion of ordinary wages, and the special incentive amounting to KRW 7 million, in lieu of or in lieu of the ordinary wage subject to the relevant litigation, was paid to the employees of the Defendant Company on the condition of the withdrawal of ordinary wage-related litigation in lieu of or in lieu of the payment of the ordinary wage subject to the relevant litigation, and thus, the Defendant Company is also obligated to pay to the instant retired party the amount calculated by the date of the instant retirement party’s retirement from among the amount of special incentive and the amount of special incentive in lieu of the retroactive portion of ordinary wage.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the scope of application of a collective agreement and the interpretation of a disposal document, or by failing to exhaust all necessary deliberations, thereby adversely recognizing facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the ground of appeal No. 3, the lower court rejected the Defendant Company’s assertion as to the effect that, on the grounds as indicated in its reasoning, the Defendant Company entered into, or renounced, a non-assignment agreement regarding the pertinent lawsuit and the instant agreement with the Defendant Company, as a letter prepared by the instant retired worker applying for voluntary retirement

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court’s aforementioned judgment as alleged in the grounds of appeal.

arrow