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(영문) 창원지방법원마산지원 2016.04.20 2015가단6060

임금

Text

1. The Defendant each of the KRW 7,500,000 to the Plaintiff (Appointed Party), the Appointed Party C, and D, and KRW 5,00,000 to the Selection Party E and each of them.

Reasons

1. Facts of recognition;

A. The Defendant, around December 15, 2014, was sunken by F while working around December 15, 2014, employed the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties for the volume of the F.

B. From December 28, 2014, Plaintiff, Appointors C, and D performed F Human Resources Development as Defendant’s employee from January 4, 2015 to January 14, 2015, respectively.

C. The unpaid wages in December 2014 and January 2015, 2015 are KRW 7.5 million, respectively, and the unpaid wages in January 2015, 2015, KRW 5,000,000,000,000,000.

On August 25, 2015, Nonparty G, the Defendant’s representative director, was issued a summary order of KRW 1 million on the violation of the Labor Standards Act with respect to the delayed payment of wages to the Plaintiff and the designated parties at the Busan District Court (2015 High Court) as to August 25, 2015.

(The above summary order was finalized on October 20, 2015). 【The ground for recognition】 The fact that there is no dispute, each entry in Gap evidence Nos. 1 through 3 (including the provisional number) and the purport of the whole pleadings.

2. According to the facts of the judgment on the plaintiff's claim, the plaintiff and the designated parties constitute workers under the Labor Standards Act who provide labor to the defendant in a subordinate relationship for the purpose of wages.

Thus, the defendant is obligated to pay 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) from June 18, 2015 to September 30, 2015; 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015); and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

After October 1, 2015, the Plaintiff claimed damages for delay at the rate of 20% per annum, but under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.