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(영문) 대전지방법원 2015.05.27 2014가합106735

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,434,732 and the interest rate of KRW 20% per annum from October 25, 2014 to the day of complete payment.

Reasons

Basic Facts

The parties-related defendant is a corporation established on June 20, 1960 and engaged in the construction, registration, inspection, etc. of ships. The plaintiff was employed by the defendant on August 19, 1993 and served as the director of the Chinese regional headquarters accounting and financial team from July 20, 2009 to November 25, 2010.

Around August 2009, an internal complainant with the name of the plaintiff was made a statement about the misconduct of the director C who is the representative of the defendant at the press organization and the investigative agency, and as a proviso, C was charged with the crime of misappropriation, the crime of interference with bidding, and the crime of violation of the Political Funds Act on the grounds of the interest of the director of Busan City, the receipt of money and valuables concerning the employment of employees, the mediation of political funds contributions.

C On April 23, 2010, at the Seoul Central District Court (2009Gohap1139), after receiving a final appeal to a conviction of one year of imprisonment with prison labor for a period of six months, and five million won of a surcharge, the appellate court was sentenced to a suspended sentence of one year of imprisonment with prison labor for a period of four months and five million won of a surcharge, and the above judgment was finalized on May 26, 201 (Supreme Court Decision 201Do2837).

From October 25, 2010 to November 16, 2010, the Defendant issued a special audit against the Plaintiff on suspicion that he/she issued the said note. On November 22, 2010, the Defendant issued a personnel order ordering the Plaintiff to wait at the headquarters as of November 26, 2010 (hereinafter “instant standby order”).

C. On July 7, 201, the Plaintiff asserted that the instant standby order is unfair, and filed an application for remedy with the Chungcheongnamnam Regional Labor Relations Commission for the remedy of the amount of wage loss suffered by the Plaintiff during the said excess standby order. 2) On August 22, 2011, the Chungcheongnamnam Regional Labor Relations Commission issued on August 22, 2011, “the instant standby order is deemed to have exceeded the scope of occupational necessity and the scope of exercising personnel rights under the generally accepted social norms, and is deemed to have abused and abused discretionary power,” and “the Defendant revoked the standby order against the Plaintiff for more than the first three months and immediately returned to the original position, and immediately paid the amount of wage loss incurred by the Plaintiff during the said excess standby order.”