임금등
1. All appeals filed by the Defendant (Counterclaim Plaintiff) and counterclaim claims filed by this court are dismissed.
2. Costs of appeal; and
Any counterclaim filed by the principal lawsuit and this court shall also be deemed to be a counterclaim.
1. Basic facts
A. The Defendant is a business owner who operates a restaurant (hereinafter “instant restaurant”) with the trade name of “D” using six full-time workers in Busan Nam-gu, Busan (hereinafter “D”).
B. The Plaintiff was employed by the Defendant and worked in the instant restaurant, and the Defendant notified the Plaintiff of the dismissal on May 15, 2014.
C. Since then, the Plaintiff filed a petition with the competent labor office regarding the Defendant’s delayed payment of wages and retirement allowances, and on May 20, 2015, the head of the Busan Regional Labor Administration issued to the Plaintiff confirmation sources that “the Defendant did not pay 12,921,362 won for retirement allowances, 164,687 won for wages of May 20, 2014, 518,400 won for annual allowances of 549,600 won for annual allowances of 2012, 583,200 won for annual allowances of 2013, and 625,200 won for annual allowances of 200 won for annual allowances of 2014, and 1,250,400 won for dismissal allowances of 625,200 won for annual allowances of 200 won” to the Plaintiff.
The Defendant received a summary order of KRW 2,500,000 as a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act on the grounds that the Plaintiff did not pay wages and retirement allowances within 14 days from the date on which the grounds for payment occurred, as stated in the above notice.
(B) On December 12, 2016, the Defendant filed an application for formal trial with respect to the above summary order, and was acquitted on the portion of the wages on May 2, 2014 out of the details of the overdue payment on December 12, 2016, but was sentenced to a fine of KRW 2,00,000,00 as it was found guilty with respect to the remaining details of the overdue payment, other than this, and was sentenced to a fine of KRW 2,00,000.
(Dasan District Court Branch 2015DaMa6555). The Defendant appealed against the above judgment and was sentenced to the dismissal of appeal on June 30, 2017 (Seoul District Court 2016No5153). However, the Defendant appealed against this judgment (Supreme Court 2016No5153), but the Defendant was sentenced to the dismissal of appeal on November 14, 2017 (Supreme Court 2017Do1172), and the said fine became final and conclusive as it is (Supreme Court).
The defendant's violation of the Labor Standards Act and the defendant.