beta
(영문) 수원지방법원성남지원 2015.10.08 2014가합209230

임금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of the claim: (a) from around 1975, around the time when the Plaintiff’s father (the deceased’s death on July 6, 2012, hereinafter “the deceased”) operated his personal business in the name of D, the Plaintiff was employed by the deceased and performed transportation, management, collection, entertainment, etc.; (b) After the Deceased’s incorporation of the Defendant Company on September 28, 1994, the deceased was employed by the Defendant Company; (c) from around 1999 to March 31, 201, the Plaintiff was employed as an auditor of the Defendant Company; (d) from around 30 years before the death of the deceased, the Plaintiff was on assisting the representative director by identifying and reporting the company’s management, and (e) retired from office on June 6, 2012, and thereafter, the Defendant claimed that he was obligated to pay the unpaid wages and retirement allowances to the Plaintiff for KRW 300,300,300,4000,3000.

According to the statements in Gap's evidence Nos. 1 through 4, 8, 9, and 10, for the plaintiff, D from 1983 to 1993; from 1994 to 2012, the defendant company's income tax was reported as a withholding agent; D and the defendant company paid wage and salary tax, etc. to the plaintiff as a withholding agent; the plaintiff was qualified as an insured person of employment insurance with the defendant company's workplace from January 1, 1998 to July 1, 2012; the plaintiff was registered as an auditor of the defendant company from October 7, 199 to March 31, 2005; the defendant used the defendant company's card from November 1, 1997 to June 10, 1982 to June 196, 196; and the defendant used the defendant company's certificate to issue the certificate to the plaintiff for exclusive use.