임금 등
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.
1. Facts of recognition;
A. The Defendant’s actual management owner C was convicted of two years of imprisonment and three years of suspended execution due to the violation of the Labor Standards Act due to the following criminal facts, and the judgment became final and conclusive.
(C) The Defendant is an actual owner of “stock company E” and “B stock company” located in Changwon District Court Dagwon Branch 2016dan190 decided June 30, 2017, and the Changwon District Court 2017No2081 decided July 18, 2018, and Supreme Court 2018 Supreme Court Decision 2018Do12469 Decided September 21, 2018). The Defendant is an actual owner of “A” located in Changwon District Court Da and “B company” located in the Gyeongnam-gun F, the Defendant is an employer who conducts a business of manufacturing Atopy functional water using four full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the Plaintiff’s total wage of KRW 63,00,000, retirement allowance of KRW 7,927,930, and retirement allowance of KRW 7,930,00 within 14 days from the date of retirement without agreement between the parties on the extension of the due date, which was an employee from August 26, 2009 to August 29, 2014.
B. On July 11, 2018, the Gwangju District Court deposited the Plaintiff’s total amount of KRW 70,927,930 (=63,00,000 KRW 7,927,930) as the said unpaid wages and retirement allowances (=63,00,000 KRW 7,927,930), and the Plaintiff reserved and received the said deposit money on July 18, 2018.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 11, 12, 13, and 15, and the purport of the whole pleadings
2. A claim for wages and retirement allowances;
A. On July 18, 2018, the summary of the Plaintiff’s claim 1, the Defendant did not pay 70,927,930 won of wages and retirement allowances to the Plaintiff within 14 days from the date of the Plaintiff’s retirement. On July 18, 2018, the Plaintiff reserved and received 70,927,930 won of the deposit deposited by the Defendant’s actual management owner C.
If the above deposit is appropriated for the principal of the Plaintiff’s wage and retirement allowance and damages for delay, 54,374.