임금
1. The Defendant shall enter the Plaintiff (Appointed Party) and the appointed parties B, C, D, E, and F in the column for “personal amount” listed in the attached Table 2.
The Plaintiff and the designated parties employed by the Defendant as to the cause of the claim, and worked on April 30, 2016 in the Plaintiff, Appointors C, D, E, F, and G, and the Selection B retired on February 28, 2016 in the designated parties B, and the fact that the total amount of wages the Defendant had not paid to the Plaintiff and the designated parties at the time of the above retirement is the same as the amount indicated in the “claim Amount” column in the attached Table 2 as the amount in the attached Table 2.
According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff and the selection at the rate of 20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from the 14th day after the above retirement date to the date of full payment.
The right to wages of the Plaintiff and the designated parties against the defense of extinctive prescription is three years of extinctive prescription. As such, the right to wages arising before March 27, 2015, which was derived from counting from March 28, 2018, which was the date of the instant lawsuit, was extinguished by extinctive prescription.
Judgment
Wage claims shall expire by prescription if they are not exercised within three years (Article 49 of the Labor Standards Act). Since extinctive prescription proceeds from the time when they can exercise their rights (Article 166(1) of the Civil Act), the extinctive prescription runs from the time when the due date comes.
As there is no dispute between the parties that the Defendant agreed to pay monthly wages to the Plaintiff and the designated parties on the 10th day of the following month, among the wage claims sought by the Plaintiff and the designated parties, the extinctive prescription was completed on March 10, 2015 after the lapse of three years from March 28, 2018 when the payment period was retroactively calculated from March 28, 2018, which was the date of the instant lawsuit. As for the wage payment period on March 10, 2015, the three or more years have elapsed retroactively from the date of filing the instant lawsuit, and the payment period on March 10, 2015 was counted retroactively from the date of filing the instant lawsuit.