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(영문) 대전지방법원공주지원 2014.11.19 2013가합214

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff was paid KRW 2.1 million monthly wages from June 1, 2006 to October 12, 2012 from the Defendant Union, and was working as a full-time director of the Defendant Union.

B. On December 1, 2011, the Defendant Union drafted a notarial deed on the part of the Plaintiff, stating that “The Defendant Union shall pay 111,404,000 won of the overdue wage as of December 1, 201 to the Plaintiff as of December 1, 201, and shall pay damages for delay at the rate of 12% per annum to the Plaintiff until February 28, 2012.” (hereinafter “notarial deed of this case”).

C. Nevertheless, the Defendant Union did not pay 5,300,000 won and retirement pay 13,074,607 won out of the wages from November 30, 201 to 2012.

Accordingly, 129,778,607 won (i.e., KRW 111,404,000) and damages for delay (i.e., KRW 13,074,600) and damages for delay.

2. Determination

A. 1) In full view of the purport of the oral argument as to whether there exists a legitimate ground for payment of benefits in accordance with the articles of association No. 1, the articles of association of the defendant association provides that the payment of remuneration to a full-time officer shall be made in accordance with the separate rules of remuneration set by the association, and the remuneration rules shall be paid in accordance with the rules of remuneration set by the general meeting (Article 19(2)). According to the above facts acknowledged, in order to pay the remuneration to the plaintiff who is a full-time officer, a general meeting must be required to accept the provision of remuneration that includes the above payment of remuneration, in order to pay the remuneration of KRW 2.1 million per month to the plaintiff who is a full-time officer. 2) The plaintiff submitted the remuneration rules of January 22, 2008 (Article 180,000 won) to the full-time officer (Article 19(2).