2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On May 23, 2019, the Defendant received a summary order of a fine on the grounds of a violation of the Labor Standards Act due to the payment of wages, and the said summary order became final and conclusive on May 31, 2019.

(former District Court 2019 High Court 2154).b

The facts constituting the crime of the above summary order are as follows: “The Defendant, as the representative director B, worked for the said company from February 13, 2017 to March 23, 2018, did not pay the Plaintiff’s annual leave allowance of KRW 1,735,536, retirement allowance of KRW 3,832,44, and retirement allowance of KRW 5,567,980, which was the sum of KRW 5,580. The Defendant did not pay additional medical care around October 27, 2017 and dismissed the Plaintiff who was suspended from office on March 23, 2018.” Thus, the Defendant did not pay KRW 3,471,072 equivalent to ordinary wages for at least 30 days.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. In a civil trial on the grounds of a claim, even if it is not bound by the finding of facts in a criminal trial, the facts established in a criminal trial on the same factual basis shall be deemed as valuable evidence, and thus, it cannot be acknowledged that the facts against this will be opposed to the finding of facts in a criminal trial in light of other evidence submitted in the civil trial, unless there are special circumstances where it is difficult to adopt

(Supreme Court Decision 92Da31453 Decided January 15, 1993). According to the above facts, the Defendant is obligated to pay to the Plaintiff a total of KRW 9,039,052 (= KRW 5,567,980, KRW 3,471,072) and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from April 7, 2018, when 14 days have passed since the Plaintiff’s retirement date to the date of full payment.

In this regard, the defendant works in an unfaithful manner during the working hours, was absent from office without permission, and the Korea Labor Welfare Corporation is false.