본문 바로가기 주메뉴로 바로가기
All
TITLE Supreme Court Decision 2019Da293098 Decided December 24, 2020 【Confirmation of Invalidation of Dismissal】 [full Text]
Summary
[1] Standard for determining whether an additional clause in a juristic act is a condition precedent or an indefinite term, and where a certain fact is attached as an additional clause with respect to the performance of the obligations that have been already borne, whether the time arrives when the fact occurs, or it is confirmed that the fact does not occur (affirmative in principle)
[2] Method of interpreting a juristic act in a case where there is some dissent between the parties on the interpretation of a juristic act, and thus the interpretation of the parties’ intentions becomes an issue
[3] In a case where an additional clause imposed on a wage payment agreement is contrary to Article 43 of the Labor Standards Act, the effect of the additional clause (held: invalid), and in such a case, whether the remaining wage payment agreement is still effective (affirmative)
[4] In a case where Corporation A, established in accordance with the Promotion of Local Cultural Institutes Act, explained to the effect that “a monthly salary of KRW 3.5 million would be paid, but for the meantime, KRW 1 million a month would be given, and if subsidies are provided later again, salaries payable or the remaining monthly salary of KRW 2.5 million would be paid,” employing Party B as a general secretary after subsidies received from the competent local government were discontinued, and afterward, KRW 1 million was paid to Party B as a monthly salary, the case holding that viewing the reason such as “Corporation A’s receipt of subsidies” not as a condition but as an indefinite term is reasonable, and thus is null and void in violation of Article 43 of the Labor Standards Act, but the wage payment agreement on the remaining monthly salary of KRW 2.5 million is valid
Prev Supreme Court Decision 2017Da51603 Decided December 24, 2020
Next 【Syllabus of the Latest Opinion】Supreme Court Decision 2015Do19296 Decided December 10, 2020【Violation of the Act on the Management of Presidential Archives; Damage of Public Electronic Records, etc.】
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100