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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
Basic Facts
The Plaintiff worked for each Defendant company from February 10, 2017 to July 31, 2017, from February 10, 2017 to July 31, 2017, from February 10, 2017 to July 31, 2017, and from March 15, 2017 to July 31, 2017.
Plaintiff
Around June 15, 2017, the designated parties (hereinafter referred to as “Plaintiffs, etc.”) drafted an employment contract as follows.
However, the Plaintiff, etc. drafted the above contract retroactively as of the starting point of work, and the daily wage was KRW 200,000 from February 10, 2017 to February 28, 2017, and KRW 210,000 from March 1, 2017 to April 30, 2017, and KRW 190,000 from May 1, 2017 to May 31, 2017, and KRW 180,00,000 from June 1, 2017 to July 31, 2017, and allowances outside hours were determined as KRW 20,00.
(hereinafter “instant employment contract”). On the other hand, the Defendant paid both daily pay and overtime allowances under the instant employment contract to the Plaintiff, etc. for the remaining service period excluding the period of suspension from May 1, 2017 to May 9, 2017.
【Judgment on the facts without any dispute, Gap 3 through 5 certificates, Eul 1 through 3 (including numbers), and the purport of the whole pleadings as to the main defense of safety, as the defendant entered into an employment contract with the plaintiff, etc., and entered into a non-litigation agreement with the plaintiff, etc. that the plaintiff would have agreed on the methods of wage calculation and payment and would not raise any legal objection, and therefore, the lawsuit of this case is unlawful.
It is invalid because it violates the Labor Standards Act, which is a mandatory law, to give up in advance the right to claim wages that will occur in the future or to not file a civil lawsuit thereon in advance.
(see, e.g., Supreme Court Decision 97Da49732, Mar. 27, 1998): Provided, That given that wages or retirement allowances for which the right to claim the payment has already been created are transferred to the worker’s private property area and entrusted to the worker’s disposition, the worker may freely dispose of them, but Supreme Court Decision 2009Da76317, Jan. 28, 2010.