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(영문) 대전지방법원천안지원 2015.09.22 2014가단11983
임금 등
Text

1. Of the instant lawsuit, the Appointed C’s claim portion shall be dismissed.

2. The defendant shall pay to the plaintiff (appointed party) KRW 20,070,230 and KRW 230.

Reasons

1. On the ground that the Defendant’s judgment on the Defendant’s main defense of safety at issue did not pay wages and retirement allowances to the Appointor C, the Defendant asserted that the aforementioned part of the lawsuit in this case seeking payment was unlawful, since the Defendant made an agreement with the Appointor F on the claim portion of the instant lawsuit seeking payment.

In full view of the evidence No. 2, evidence No. 2, and witness C’s testimony, the defendant may acknowledge the fact that the defendant committed business process so that the appointed party C may receive unemployment benefits, and that the appointed party C waives his right to retirement allowances and other wage claims against the defendant, and in connection with this, it may not raise any objection under the Civil, Criminal, Labor Relations Act.

According to the above facts of recognition, since the Appointor C and the defendant agreed on the non-prosecution, the part of the claim in the lawsuit in this case, which was filed in violation of the above sub-committee C, is unlawful as there is no benefit of protection of rights.

On the other hand, the plaintiff (appointed party, hereinafter the plaintiff) asserts that the above denial agreement constitutes a prior waiver of the claim for retirement allowance, which was made by the defendant's coercion, and is null and void in violation of the mandatory provisions.

The waiver of the retirement allowance claimant means the waiver of the retirement allowance claim in advance before the occurrence of the retirement allowance claim specifically.

However, unlike the Plaintiff’s assertion, even if the evidence No. 2 (Agreement) was written in around October 29, 2013, unlike the Plaintiff’s statement, it cannot be deemed as a prior renunciation of a retirement allowance claim by setting aside the agreement on the labor contract in accordance with the mutual agreement of both parties prior to the retirement framework, and under the agreement that the retirement procedure takes effect after the date of the actual retirement procedure.

In addition, under the agreement between the defendant and the appointed parties C, the defendant will handle the work so that the appointed parties C may receive unemployment benefits.

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