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(영문) 울산지방법원 2019.10.10 2018나24288

임금 등

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant and B (joint Defendant in the first instance trial) jointly operated the Ecomel located in Ulsan-gun, Ulsan-gun from April 17, 2014.

B. From April 2014 to May 2017, the Plaintiff resolved board and lodging in the EMoel, and performed guidance, cleaning, repair, etc. at the said Moel.

C. On September 18, 2017, the Plaintiff filed a petition stating the respondent as “B and one other” with the Ulsan District Employment and Labor Office, and submitted to the Ulsan District Employment and Labor Office, that the respondent was working at the EM but did not receive wages and retirement allowances.

As to the above petition case, I presented a statement of witness that “B and one other” recorded as the defendant’s agent was “B” and “B” or the actual operator of the Eel and the plaintiff’s employer were “B” from April 17, 2014 to May 31, 2017.

On October 27, 2017, the head of the Ulsan Regional Labor Agency issued a written confirmation of business owners, such as overdue wages, with the period of service from April 17, 2014 to May 31, 2017, the business owner in arrear B, the business owner in arrear, the business owner in arrear, and the money and other valuables in arrear, the business owner in arrear, shall be KRW 52,587,105 [==48,000 in overdue wages = KRW 48,50,000 in arrears (= from October 2014 to May 2017)]. The written confirmation of business owners, including the above overdue wages, issued a written verification of the grounds for confirmation, including the number of statements and evidence Nos. 1, 587,105 in the column of the written confirmation of business owners in overdue wages, etc.

2. The plaintiff's assertion and judgment

A. On April 17, 2014, the Plaintiff asserted that he was employed by the Defendant and B, who jointly operates the EMoel, to provide the Defendant and B with labor, including guidance cleaning and repair, until May 31, 2017.

However, the Defendant and B paid the Plaintiff wages from October 2014 to May 2017, 48,000.