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(영문) 춘천지방법원 2019.06.19 2017나52853
임금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Defendant is a person who operates a restaurant in the name of “F” in the territory of the original city E.

In the above restaurant, the plaintiff, G (the selected but the decision of recommending reconciliation was finalized in this court), the selected parties C, and D (the above four persons collectively referred to as "four persons, including the plaintiff, etc."), had worked as an employee.

B. On November 30, 2016, the Defendant took a ceremony with the Plaintiff et al., and completed a meeting and sent text messages to four persons, including the Plaintiff, including the Plaintiff, etc., to the effect that “the Plaintiff, etc. failed to operate a restaurant. The same shall not apply to any further liability.” The same shall also apply in December 12. There is no need to be a situation where monthly salary is unable to be paid. There is no choice but to be the head of a Si/Gun/Gu. The current sales will not have to go to the head of a Si/Gun/Gu. The same shall apply to the current sales by 5 days, and it is good to look at a higher place. The same shall also apply to the following text messages (hereinafter referred to as “instant text messages”).

C. On December 1, 2016, the following day of the meeting, the Plaintiff et al. and the Defendant held a meeting on the above issue at a restaurant. After the meeting is completed, four persons including the Plaintiff et al. called “to identify other jobs” to the Defendant, and immediately left the restaurant.

Plaintiff

On December 6, 2016, four parties filed a petition with the Prime Office of the Central Labor and Labor Agency of Jungbu District to the effect that “the Defendant was not paid the advance notice of dismissal allowance.”

E. The Defendant was prosecuted for committing an offense that “the Plaintiff, etc., working in the Defendant’s workplace and retired from the Defendant, did not pay a total of KRW 7,90,000,000 for the advance notice of dismissal allowances,” and on which the first instance court rendered a judgment of conviction on November 29, 2018 (No. 2017DaMa728, hereinafter “relevant criminal case”), and the Defendant appealed and pending the trial of the appellate court.

(Chuncheon District Court 2018No1193). [Reasons for recognition]

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