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(영문) 서울고등법원 2018.03.07 2017나28919
해고무효확인
Text

1. Of the judgment of the first instance, the part that became final and conclusive by the judgment of remand (Supreme Court Decision 2017Da22315 Decided October 31, 2017) is excluded.

Reasons

1. Scope of the case to be tried on the political party after its progress and remand;

A. On February 25, 2016, the Plaintiff filed the instant lawsuit against the Defendant, seeking confirmation of invalidity of the termination of the employment contract as of February 25, 2016, and payment of the amount equivalent to the monthly wage of KRW 1,742,430 calculated from March 1, 2016 to the date of reinstatement, and filed the instant lawsuit. The court of first instance dismissed the Plaintiff’s claim for confirmation of invalidity of the termination of the employment contract on November 11, 2016, and dismissed the Plaintiff’s claim for confirmation of invalidity of the termination of the employment contract and the Defendant’s employment relationship on May 31, 2016, on the ground that the Plaintiff and the Defendant’s employment relationship have terminated on May 31, 2016, thereby deducting the interim income from the unpaid wage of KRW 4,080,658. Accordingly, the Plaintiff and the Defendant appealed against this judgment, and dismissed both the Plaintiff and the Defendant’s appeal.

3) On October 31, 2017, the Supreme Court rendered a judgment dismissing the Defendant’s appeal (hereinafter “return judgment”) that only reversed and remanded the part against the Plaintiff prior to remanding.

(4) After remanding, the Plaintiff filed an application for modification of the purport of the claim and the cause of the claim with respect to “the Defendant shall pay the Plaintiff KRW 32,656,510 and the amount calculated by the rate of 20% per annum from December 15, 2017 to the date of complete payment” on January 10, 2018.

B. 1) The part of the judgment rendered before remanding in accordance with the judgment of remanding the case becomes final and conclusive, i.e., the claim for the payment of the unpaid wage of KRW 4,080,658 from March 1, 2016 to May 31, 2016, which is excluded from the scope of the trial after remanding the case. 2) Meanwhile, the Plaintiff withdraws the claim for confirmation of invalidity of the termination of the labor contract at the trial after remanding the case and claims for the unpaid wage, retirement allowance, and damages for delay thereof during the period from March 1, 2016 to November 30, 2017, including the final and conclusive part as above.

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