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(영문) 전주지방법원 2019.09.20 2019가단1543
청구이의
Text

1. On December 20, 2018, the Jeonju District Court rendered a decision to recommend the Defendant’s performance of wage payment in the wage case 2018 Ghana61405 dated December 20, 2018.

Reasons

1. Basic facts

A. The Plaintiffs are legally married couple, and Plaintiff B is the business owner under the business registration certificate of the Emarket (hereinafter “instant business establishment”) located in Kujin-gu, Seoul. The Plaintiff is the actual operator of the said business establishment, and the Defendant served in the said market from May 12, 2017 to August 22, 2018.

B. On September 19, 2018, the Defendant filed a petition with Gwangju Regional Labor Agency for the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act (hereinafter “Employment Agency”) on the ground that the Defendant was not paid a total of KRW 34,017,974 (wages 28,316,00 retirement pay of KRW 5,698,974) after retirement from the instant workplace. On September 19, 2018, the Defendant agreed with the Labor Company F (hereinafter “Labor”) to whom the Plaintiff delegated the authority to agree on the instant petition case by the Plaintiff A, as shown in attached Table 1.

(hereinafter “instant agreement”) C.

Plaintiff

A transferred KRW 3,00,000 on September 21, 2018 to the Defendant’s account pursuant to the instant agreement, and KRW 7.00,000 on the secondary payment date, which was October 2, 2018, and KRW 3,000,000 on October 4, 2018 and October 10, 2018, which was the due date, paid KRW 4,000,000, respectively, and KRW 9,000,000 on the third payment date as of November 2, 2018 and KRW 7,00,000 on November 5, 2018 and July 3, 200,000, which was due date.

Plaintiff

A was prosecuted for violating the Labor Standards Act (Act No. 6967) and the Act on Guarantee of Workers' Retirement Benefits. On December 19, 2018, the above court issued a summary order of KRW 1,000,000 as criminal facts as shown in attached Form 2, which became final and conclusive around that time.

E. The Defendant filed a lawsuit with the Jeonju District Court 2018 Ghana61405 against the Plaintiffs seeking payment of the unpaid wages of KRW 15,014,974, which deducted the unpaid wages and retirement allowances paid by the Plaintiffs from KRW 34,017,974, which had not been paid by the Plaintiffs, from KRW 19,00,000, and the unpaid wages of KRW 15,014,974 on December 20, 2018.

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