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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
1. Judgment on the main lawsuit
A. In the case of violation of the Workers' Retirement Benefits Guarantee Act (No. 2018 high-level 4555 of this Court on April 19, 2018, the Defendant was convicted of the Defendant on the charge that “the Defendant, while serving as a person in charge of negligence in the workplace operated by the Defendant from January 1, 2009 to September 17, 2017, retired from the Defendant, did not pay KRW 17,480,905 of retirement allowances from January 1, 201 to September 17, 2017 without any agreement on the extension of the due date between the parties, within 14 days from the date of retirement,” and the Defendant was convicted of the Defendant on the charge of this Court’s appeal (No. 2018 high-level 3921 of this Court) and the final appeal (No. 2019Do7304 of this Court). The fact that the judgment on July 25, 2019 was clearly stated or finalized by this Court.
B. Although a civil trial is not bound by the finding of facts in a criminal trial, the fact that a criminal trial already became final and conclusive on the same factual basis is a flexible evidence. Thus, it cannot be acknowledged that there is no special circumstance where it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial, unless there are special circumstances where it is difficult to do so.
(2) In the case of this case, the evidence submitted by the Defendant and the testimony of the witness witness C of the trial at the court are insufficient to acknowledge the Defendant’s assertion that the Defendant included the retirement allowance in the payment of the daily salary as to the employment contract from January 29, 2013, and that the Defendant included the retirement allowance in the payment of the daily salary as to the employment contract from January 29, 2013, and there is no other evidence to prove that it is difficult to employ the factual judgment in the above criminal trial as to the Defendant.
Therefore, the defendant's retirement allowance of KRW 17,480,905 and Article 37 (1) of the Labor Standards Act are applied to the plaintiff.