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(영문) 서울동부지방법원 2018.04.26 2017가단105761

임금 등

Text

1. The defendant shall pay to the plaintiff KRW 34,324,818 and KRW 24,00,000 among the costs, from September 14, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The defendant is a juristic person established for the purpose of manufacturing electronic parts and electronic devices, and the plaintiff is a person who retired while providing labor to the defendant.

B. On October 12, 2016, the Plaintiff filed a petition against the Defendant’s delayed payment of wages and retirement allowances with the Ansan District Office, and the labor inspector C confirmed that the Defendant employed the Plaintiff as an employee from August 1, 2013 to May 31, 2016, and that the Defendant was in arrears of wages of KRW 33,00,000 and retirement allowances of KRW 8,321,915, total amount of KRW 41,321,915, and on December 22, 2016, the head of the Ansan District Labor Agency issued a written confirmation to the Plaintiff on December 22, 2016.

C. As to the above petition, the Defendant’s representative director D received a summary order of KRW 3,00,000 as an offense of violating the Labor Standards Act from the Suwon District Court, and the said summary order was finalized on August 9, 2017.

The Plaintiff applied for a dividend as the highest wage creditor in the Suwon District Court E Real Estate G real estate auction case, and received KRW 17,321,915 out of the principal amount of overdue wages as dividends on September 13, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, significant facts in this court, purport of the whole pleadings

2. According to the above findings of determination, the Defendant: (a) calculated by deducting 17,321,915 won per annum from June 15, 2016 to September 13, 2017, the amount of delayed payment calculated by the rate of 20% per annum as stipulated in the Labor Standards Act, starting from May 31, 2016, when the 14th day of the Plaintiff’s retirement day on which the cause for payment, such as final wage, etc., occurred to the Plaintiff; and (b) the balance of principal after appropriation 24,00,000 won (the amount obtained by deducting 17,321,915 won from the principal amount before appropriation to the date of full payment) and the amount of principal after appropriation 24,00,000 won (the amount calculated by deducting 17,321,915 won per annum from September 14, 2017 to the date of full payment).

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