1.(a)

The defendant shall pay to the plaintiff A KRW 53,647,073 and KRW 37,618,373 among them, from April 5, 2018, and the remainder 16,028.

1. Facts of recognition;

A. The Plaintiffs were employed by the Defendant on December 31, 2015, but were dismissed on December 31, 2015, but the said dismissal became final and conclusive as null and void in the relevant lawsuit.

[Court Decision 2016Da50504 decided August 17, 2017; Busan High Court Decision 2017Na22776 decided February 8, 2018; Supreme Court Decision 2018Da221904 Decided June 15, 2018] (b)

The Plaintiffs also claimed wages during the period of dismissal. The monthly average wage of Plaintiff A was KRW 3,271,163.3, and the monthly average wage of Plaintiff B was KRW 3,162,150, and the unpaid wage claim was accepted until October 2016.

C. The Plaintiffs are not paid by the Defendant the wages (i.e., wages from November 2016) other than the cited parts in the relevant lawsuit.

However, during the period of unfair dismissal from the defendant, the plaintiff A was employed in the company from December 2016 to the other company from January 2018 and the plaintiff B obtained certain income.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. Determination

A. When an employer’s unfair dismissal disposition is null and void or cancelled, the employee’s status as an employee who intends to be damaged continues to exist, and the employee’s failure to provide labor is due to reasons attributable to the employer, and thus, the employee may claim payment of the entire amount of wages that the employee would have continued to work under Article 538(1)

(see, e.g., Supreme Court Decision 2011Da20034, Feb. 9, 2012). Meanwhile, inasmuch as wages that an employee dismissed due to a cause attributable to the employer were paid to another employee during the period of dismissal fall under a benefit accrued from the discharge of his/her own obligations under Article 538(2) of the Civil Act, the employer may deduct the above benefit in paying wages during the period of dismissal to the employee, but Article 46(1) of the Labor Standards Act provides that the employer shall guarantee the basic livelihood of the employee.