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(영문) 수원지방법원 안산지원 2018.11.30 2018가단5089

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 16,184,206 and the interest rate of KRW 20% per annum from April 11, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff worked for the Defendant Company as a business director from January 14, 2013 to June 1, 2016.

B. The Defendant’s employment contract was concluded in the form of a comprehensive wage system, and around 2017, the Plaintiff filed a complaint against the Defendant’s representative director with the competent Regional Employment and Labor Agency in the Republic of Korea, within the territory of the Central and Secondary Regional Employment and Labor Agency, that the employment contract in the form of comprehensive wage system is invalid

C. On January 30, 2018, the competent Regional Employment and Labor Office within the competent Regional Employment and Labor Office recognized that the Defendant delayed payment of wages of KRW 41,196,160 as indicated in the following table to the Plaintiff. However, the Plaintiff filed a petition on June 30, 2016 with the same content, but sent the case to the competent District Prosecutors’ Office within the competent District Prosecutors’ Office based on the fact that the petition was withdrawn on December 30, 2016. The competent District Prosecutors’ Office within the competent District Prosecutors’ Office rendered a disposition that the Defendant’s representative director has no authority to prosecute for the same reason on February 7, 2018.

(No. 2018-type 5388 of the Military Prosecutors' Office within the District Public Prosecutor's Office (Calculation Form). The aggregate of monthly arrears (Calculation Form) from February 2, 2013 to December 882, 2013 to December 9, 710,52 (=82,775 won x 11 month) (i.e., 882,775 won) to August 1, 2014 to August 1, 2015 (i.e., 23,540,660 won (=1,17,03 won x 20 months) (i.e., 1,177,03 won x 20 months) to May 82, 2015 to May 7, 75, 94,975 won (i.e., 82,75 won x 8,716 months x 416 months).

2. According to the above facts finding as to the cause of the claim, the defendant can be found to have delayed payment of the wages of KRW 41,196,160 against the plaintiff. Thus, barring any special circumstance, the defendant is liable to pay the above amount and its delay damages to the plaintiff.

3. Judgment on the defendant's assertion

A. The determination by the Head of the Central Labor Agency of the Central Labor Agency that the Plaintiff had delayed payment of wages is based on the premise that the part of the comprehensive wage system among the labor contracts between the original and the Defendant is invalid, and the Plaintiff’s work form as a business director.