임금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff worked as an employee of the Defendant from August 31, 2010 to October 31, 2014.
B. The Defendant filed an application for commencing rehabilitation procedures with Seoul Central District Court 2015 Ma10021, and the said court rendered a decision to commence rehabilitation procedures on February 16, 2015, and rendered a decision to commence rehabilitation procedures on August 26, 2015, and the said rehabilitation procedures were concluded on November 10, 2015.
C. On July 27, 2016, the Plaintiff was paid KRW 3,000,000, among the wages not paid by the Defendant by the Minister of Employment and Labor, as substitute payment under Article 7 of the Wage Claim Guarantee Act.
C, the representative director of the Defendant, was indicted for a violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, on the criminal facts, that “the Plaintiff did not pay KRW 6,065,834 in total and KRW 12,380,042 in total, and KRW 14 days in total from the retirement date,” which was the summary order of KRW 1 million on January 18, 2016, issued by Suwon District Court Branch Branch Branch Branch of KRW 2015,12190, and the summary order became final and conclusive on February 2, 2016.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. According to the above findings of determination, the Plaintiff’s total amount of wages of September 2014 and of October 10 of the same year and the amount of retirement allowances of KRW 6,065,834 and KRW 12,380,042 were not paid by the Defendant. Thus, barring any special circumstance, the Defendant, the Plaintiff’s employer, sought from the Plaintiff 19,168,404 won [15,445,876 won for unpaid wages and retirement allowances of KRW 12,380,042 for retirement allowances of KRW 6,065,834 [12,380,000 for substitute payments of KRW 3,00,000 for substitute payments of KRW 18,45,876 for substitute payments, and KRW 18,45,876 from October 31, 2014 to November 15, 2014, Article 17(1)6 of the Enforcement Decree of the Labor Standards Act, as the Defendant’s rehabilitation procedure