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(영문) 서울서부지방법원 2020.11.27 2019나42461

임금

Text

Of the judgment of the court of first instance, KRW 6,00,000 against the plaintiff and its interest shall be paid to the plaintiff from October 24, 2019 to the day of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the statement in subparagraph 1 of the basic facts, the Plaintiff is recognized to have offered labor and retired from the Defendant’s office in Dongducheon-si from April 17, 2017 to July 31, 2018, with the total amount of unpaid wages, retirement allowances, and unused annual allowances of up to 20,086,054 won.

2. The parties' assertion and judgment

A. As to the Plaintiff’s claim for unpaid wages, etc. and damages for delay thereof in the instant lawsuit, the Defendant asserted to the effect that maintaining the instant lawsuit is unlawful because it is not entitled to protection of rights, even though the Plaintiff agreed to prepare an agreement and a written application for penalty in the public prosecutor’s office where the public prosecutor’s office had investigated criminal cases related to the aforementioned unpaid wages, etc., and agreed to withdraw the instant lawsuit.

B. Therefore, according to the evidence evidence Nos. 1, 2, and 3, the plaintiff filed a petition with the Government Branch of the Central Employment and Labor Agency on the grounds of the defendant's delayed payment of wages around November 20, 2018, and thereafter, the above petition case was transferred to the Government Prosecutors' Office (Type 32123) and the defendant's investigation was being conducted on October 23, 2019 (the first instance trial proceeding of this case is in progress), the plaintiff prepared a written agreement stating "I will resolve the delayed payment of wages and will not file a civil lawsuit, and will not punish and raise objection against the defendant" (hereinafter "agreement of this case") and "I will not impose any punishment against the defendant" and "I will not impose any punishment against the defendant," and there is no fact that the prosecutor submitted the above written agreement of non-prosecution disposition and submitted it to the prosecutor.

참조조문