임금 청구의 소
1. The defendant's appeal is dismissed.
2. The first instance judgment, including the Plaintiff’s claim extended by this court.
1. Basic facts
A. The Plaintiff is a trade union member of the C Trade Union (hereinafter “C Trade Union”), and the Defendant concluded a collective agreement with C Trade Union (hereinafter “instant collective agreement”) as a stock company established for the purpose of urban bus transportation business, etc., and the number of full-time workers is 25.
B. On August 1, 2016, the Plaintiff entered into an employment contract with the Defendant on the terms and conditions of the contract between August 1, 2016 and May 30, 2017, with respect to basic pay, including bonuses and retirement allowances, and other money, other than legal allowances, including bonuses and retirement allowances, (hereinafter referred to as “instant agreement”). On May 31, 2017, the Plaintiff provided labor to the Defendant by no later than March 31, 2018 after concluding a labor contract with the same content as the previous contract (hereinafter collectively referred to as “instant employment contract”). < Amended by Presidential Decree No. 28140, May 31, 2017; Presidential Decree No. 28390, Jun. 1, 2017; Presidential Decree No. 28470, Mar. 31, 2018>
C. From August 1, 2016 to March 31, 2018, the Defendant did not pay bonuses and retirement allowances to the Plaintiff, and paid KRW 61,228,520 in total as wages.
The Defendant received a summary order of KRW 4 million due to the violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits, etc., for the Plaintiff’s payment of wages, retirement allowances, etc. through the instant lawsuit within 14 days from the date of retirement (the Jeonju District Court Branch Branch Decision 2018Da1155), and filed for formal trial due to objection thereto, but was sentenced to a fine of KRW 4 million as well as a fine of KRW
(Seoul District Court Decision 2018Gohap147). e.
The amount that the Defendant did not pay to the Plaintiff is less than KRW 3,451,310,00,000; hereinafter the same shall apply):
There is no dispute over the fact that bonuses are 12,720,930 won, retirement allowances of 6,34,250 won, annual allowances of 1,037,370 won, total of 23,553,860 won.
[Reasons for Recognition] Unsatisfy, Gap evidence 10 to 14, Eul evidence 4.