Main Issues
The validity of an agreement between employers and workers shall be effective to give up the right to claim compensation for disaster, compensation for suspension of work, and other civil damages.
Summary of Judgment
The expression of intent to give up the right to claim compensation for disaster, compensation for suspension of work, and other civil damages cannot be said to be null and void automatically.
[Reference Provisions]
Article 87 of the Labor Standards Act
Plaintiff-Appellant
Plaintiff 1 and one other
Defendant-Appellee
Korea Electricity and Mining Development Corporation
Judgment of the lower court
Seoul Civil Area and Seoul High Court Decision 69Na3313 delivered on June 16, 1970
Text
The appeal is dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
We examine the plaintiffs' grounds of appeal.
Examining the reasoning of the lower judgment, the lower court: (a) signed and sealed the agreement under which Plaintiff 1 received KRW 70,194 on February 27, 1968, and Plaintiff 2 promised not to institute any civil and civil lawsuits in addition to the above amount; and (b) the agreement that Plaintiff 1 received KRW 43,246 in addition to the above accident compensation, and agreed to continue to work for the Defendant Company with the payment of KRW 43,246 in addition to the above accident compensation; and (c) Plaintiff 2 also received KRW 28,902 in compensation for suspension of work and continued to work for the Defendant Company as an indirect part of the Defendant Company; (d) signed and sealed by the Plaintiffs; and (e) concluded the agreement on compensation for suspension of work with the Defendant company for about five months thereafter; and (e) concluded the agreement on compensation for suspension of work with the Defendant for suspension of work on the premise that the Plaintiffs were not aware that it would be invalid or invalid under the premise that the Plaintiffs did not have any provision on compensation for suspension of work.
Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)