beta
(영문) 춘천지방법원 강릉지원 2018.07.25 2018가단837

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 is the cause of the instant claim. By February 28, 2018, the Plaintiff sought payment of KRW 93,423,920 as wages from June 2, 2012 to February 2, 2014, which was not received by the Plaintiff while working as the professor of the “Korea-China University” located in the Doyang-ro 200, which was operated by the Defendant.

In this regard, the defendant argues that even if the above wage claim asserted by the plaintiff is established, it has expired by the three-year extinctive prescription period as stipulated in the Labor Standards Act.

2. On the basis of determination, the Plaintiff’s claim for wages is extinguished by prescription, unless it is exercised within three years pursuant to Article 49 of the Labor Standards Act. In full view of the purport of the entire pleadings in the statement in subparagraph 2, the Defendant’s payment date of wages against the Plaintiff may be acknowledged as the 25th day of each month. The Plaintiff’s application for the instant payment order was made on January 3, 2018, which was three years from February 25, 2014, the final payment date of wages sought in the instant case, is apparent in the record. Thus, even if the Plaintiff’s claim for wages exists, the statute of limitations has already expired.

I would like to say.

Therefore, the defendant's defense is justified.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.