beta
(영문) 전주지방법원군산지원 2020.01.14 2018가단55553

임금

Text

1. The Defendant’s “total amount of claims” in the attached Form “the details of the Plaintiff’s delayed payment (amount of claims)” to the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were employed by and retired from office for each of the pertinent periods stated in the “service period” column among the details of the money and valuables in arrears by Plaintiff (amount claimed).

B. Since the Plaintiffs asserted that there was unpaid wages after retirement and urged the Defendant to pay it, they did not comply with the Defendant’s representative G, the Defendant’s receipt of the Defendant’s report on delayed payment of wages to the Gun Labor Office in Gwangju Regional Labor Office, and the Plaintiffs’ unpaid wages confirmed as a result of the investigation by the labor inspector in the above case are the same as the relevant money indicated in the “amount of overdue wages” in the attached Form.

C. On September 25, 2019, G was indicted for violation of the Labor Standards Act, etc. that “the Plaintiff’s total amount of unpaid wages was not paid within 14 days from the date of retirement without an agreement on extension of the payment deadline,” and was sentenced to a judgment of conviction on all criminal facts on September 25, 2019, together with other concurrent cases (ten months of imprisonment and two years of suspended execution), and the said judgment became final and conclusive on October 3, 2019.

On the other hand, on May 28, 2018, the decision to commence rehabilitation proceedings was made by the Jeonju District Court 2018 Joint6 on May 28, 2018, and G, a representative director, was considered as a custodian.

Accordingly, the Plaintiff filed the instant lawsuit against F’s manager G, which was the initial debtor F, but the instant lawsuit was pending on March 29, 2019, and the decision to discontinue the rehabilitation procedures against the Defendant was finalized, and the Defendant taken over the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant, barring any special circumstance, shall enter the plaintiffs in the column of "total (amount claimed)" among the details of the Plaintiff's delayed payment (amount claimed).

참조조문