임금 등
1. The Defendants jointly and severally against the Plaintiff A, KRW 1,197,218, and KRW 3,213,626, and KRW 16,074,486, and Plaintiff C.
1. Facts of recognition;
A. The Defendants are employers who jointly engage in the manufacturing of tin products with the trade name “H” in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.
B. From August 3, 2015, Plaintiff A was employed from October 25, 2012 for Plaintiff B, Plaintiff C was employed from June 5, 2007 for Plaintiff C, and Plaintiff D was employed from February 3, 2009 to December 23, 2016, respectively.
C. The wages and retirement allowances which were not paid by the Defendants since their retirement as well as those which were not paid by the Defendants up to the date of their retirement are KRW 1,197,218 (referring to the balance obtained by deducting the amount paid in delay from the total amount of unpaid wages; hereinafter the same shall apply. 838,438 won + the amount obtained by deducting the amount paid in delay from the unpaid retirement allowances; hereinafter the same shall apply. 358,780 won; hereinafter the same shall apply). Plaintiff B, 3,213, and 626 won (13,756 + 3,076,74,870 won + 16,04,06 won, 221,300 won + 6,750, 820-10, 2004, 2004, 16,486 won + the amount paid in advance (16,000 won).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, Eul evidence 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff 1,197,218 won, the Plaintiff 3,213,626 won, the Plaintiff 16,074,486 won to the Plaintiff C, the Plaintiff 10,745,292 won, and each of the above amounts, which were calculated at the rate of 20% per annum under the Labor Standards Act from January 7, 2017 to the date of full payment, from January 7, 2017 to the date of full payment.
B. As to the Defendants’ assertion, the Defendants asserted that the aforementioned unpaid wages and retirement allowances should be deducted from withholding taxes, such as insurance premiums and income tax.
However, the obligation to pay the withholding income tax is the obligation of the obligor.