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(영문) 부산지방법원 2017.12.21 2017나51297

임금 및 퇴직금

Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, unpaid wages of KRW 3,773,956 and their amount.

Reasons

Facts of recognition

A. The Defendant is a person who operates a restaurant with the trade name of “C”, and the Plaintiff is employed by the Defendant and worked in the above restaurant from July 26, 2010 to November 30, 2015.

B. The Plaintiff received wages of KRW 1,500,000 per month from the Defendant. As a result of calculation by the labor inspector of the Busan Regional Employment and Labor Agency, the amount of unpaid wages from January 2015 to November 2015, the amount of unpaid wages and the amount of unpaid retirement allowances to be paid additionally to the Plaintiff according to the Minimum Wage Act (5,580 won per hour as of January 2015), and the amount of unpaid retirement allowances are as indicated in the corresponding column of the details of arrears.

C. On February 27, 2016, the Plaintiff and the Defendant drafted a written agreement containing the following:

Written agreement (wages Payment, thief, Injury case)

3. On the condition that only the amount of the wage paid (minimum wage retirement pay - advance payment) that the Plaintiff retired, the Plaintiff received an amount calculated based on the material of the labor inspector affiliated with the Ministry of Labor, as well as the Plaintiff’s original agreement, would not withdraw the employer’s complaint with the Ministry of Labor and raise a civil complaint any longer.

4. Subject to the agreement in which all the above cases have been established, and the employer agrees to transfer the amount of wages (minimum wage, difference in retirement pay - advance payment) by account transfer from the date all the cases have been delivered to the account designated by the employee.

On March 3, 2016, the Plaintiff and the Defendant drafted a written agreement on the withdrawal of complaint and the withdrawal of complaint, including the following:

(hereinafter referred to as “each of the instant agreements” by combining the agreements in paragraphs (c) and (d). The withdrawal of complaints and the written agreement

1. The complainant (the plaintiff) filed a complaint against the defendant (the defendant) on the basis of wages in arrears with the Labor Agency, but it was agreed upon with the defendant as a result of the complaint, so the complainant waivers the right to file the complaint and will impose civil and criminal liability on the case in the future.

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