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(영문) 대구지방법원 2015.12.23 2015나14721
임금 등
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the court of first instance, except for the defendant’s additional statement as to the matters alleged in the court of first instance as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendant’s assertion that the portion of the wage claim claimed by the Plaintiffs between February 21, 2014 and February 3, 2014, the filing date of the instant lawsuit, had expired three years after the extinctive prescription period under Article 49 of the Labor Standards Act.

B. On the other hand, as seen earlier, the Defendant had been naturally paid wages above the minimum wage amount stipulated in the instant provision after the enforcement of the instant provision, but has been postponed from paying wages equivalent to the minimum wage amount stipulated in the instant provision before the conclusion of a new wage agreement in accordance with the instant agreement, and entered into a new collective agreement and wage agreement on August 31, 201, it is reasonable to view that the Plaintiffs’ right to claim the payment of wages and retirement allowances against the Defendant at least during the extinctive prescription period until August 31, 2011.

In the case of the plaintiffs, it is apparent that the lawsuit in this case was filed three years before the date following the date of entering into a new collective agreement and wage agreement. Thus, the defendant's defense that the part of the claim, among the claims for wages and retirement allowances claimed by the plaintiffs, was extinguished by prescription from February 21, 2014, which was the date of filing the lawsuit in this case, is without merit.

3. In conclusion, the judgment of the first instance is legitimate, and all appeals by the defendant are dismissed. It is so decided as per Disposition.

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