logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.05.11 2018재나1007
임금
Text

1. Among the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)9 of the Civil Procedure Act is relevant.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

1) On February 10, 2015, the Plaintiff filed a lawsuit against the Defendant on February 10, 2015 against the Daejeon District Court 2015Gahap667, seeking damages for delay at the Defendant’s rate of 20% per annum on wages during the unfair dismissal period, compensation equivalent to the amount of unpaid wages, and damages for delay. 2) On April 26, 2017, the said court rendered a judgment against the Defendant on April 26, 2017 on the ground that “when the cause for its payment arises” under Article 37(1) of the Labor Standards Act means when the death or retirement takes effect. Therefore, it is difficult to deem that the aforementioned case falls under the foregoing where the dismissal of the employee is invalidated. The statutory interest rate under Article 37(1) of the Labor Standards Act is not applicable to the Defendant’s unpaid wages during the unfair dismissal period, and the rate of damages for delay at the rate of 6% per annum from the date following each payment date of unpaid wages to October 15, 2016.”

B. The Plaintiff was dissatisfied with the judgment of the first instance court, and appealed to Daejeon High Court No. 2017Na11948, and the appellate court dismissed the Plaintiff by applying the erroneous retirement age provision as a preliminary cause. The Defendant did not comply with the first instance judgment of November 28, 2014 of the National Labor Relations Commission ordering the Plaintiff’s reinstatement, etc. pursuant to Article 26 subparag. 3 of the instant collective agreement. The Plaintiff must be from October 5, 2015.

arrow