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(영문) 수원지방법원 2019.07.24 2018나13162

임금

Text

1. The defendant's appeal is all dismissed.

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

3. The proceedings of the deceased C are taken over.

Reasons

1. Facts of recognition;

A. The Defendant, as a representative of H located in the second floor in Sil Si-si, was employed by the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the deceased C (hereinafter “Plaintiffs”) at the construction site of Hosi-si I apartment construction site in Silsi-si, who is engaged in construction business as the representative of Silsi-si, with the Plaintiff as the deceased as the deceased’s 40,000 won per day. The Plaintiffs provided the following services and retired from office from office from office from April 18, 2017 to April 29, 2017.

B. At the time of retirement of the Plaintiffs, the wages not paid by the Defendant were KRW 2 million, respectively.

C. On March 24, 2018, the Deceased died on March 24, 2018 during the lawsuit of the first instance court, and his spouse D and the Appointor E and F took over the lawsuit of this case as co-inheritors.

On the other hand, the defendant was prosecuted on the facts charged that he did not pay unpaid wages within 14 days from the date of retirement and was sentenced to a judgment of conviction of KRW 700,000 won by the Head of Changwon District Court under the jurisdiction of the Head of Changwon District Court on August 20, 2018. The defendant appealed as the Head of Changwon District Court 2018No2018, but was sentenced to a judgment of dismissal on April 25, 2019. The defendant appealed as the Supreme Court Decision 2019Do5941, but the defendant was dismissed on June 18, 2019 and became final and conclusive as it was.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiffs the unpaid wages.

Therefore, the defendant shall set the Labor Standards Act from May 14, 2017 to the date of full payment with respect to the plaintiff's 2 million won and the Appointor D 857,142 won (2 million won unpaid wages of the deceased x statutory inheritance 3/7), the Appointor E, and F 571,429 won (the above 2 million won x statutory inheritance 2/7), respectively, and each of the above amounts, from May 14, 2017 to the date of full payment, respectively.

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