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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Defendant’s representative director C was sentenced to a summary order of a fine on November 15, 2017 and became final and conclusive on November 23, 2017, on the ground that “the Plaintiff, who was an employer and was employed in the Defendant’s workplace from April 1, 2016 to May 31, 2016, did not pay KRW 1320,000,000 from May 201, 2016, without any special circumstance, within 14 days from the date of retirement.”
(The grounds for recognition) The facts of absence of dispute, Gap 1 and 2 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings, as a whole,
2. In a civil trial on the assertion and judgment, even if it is not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts are valuable evidence. Thus, in light of other evidence submitted in a civil trial, barring any special circumstance where it is deemed difficult to adopt a factual judgment in a criminal trial, it cannot be recognized that the facts opposed to the finding of facts in the civil trial (Supreme Court Decision 92Da31453 Decided January 15, 1993). According to the above facts, the defendant is obligated to pay to the plaintiff 1.32,00 won of unpaid wages in May 2016 and damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from June 15, 2016 to the date of full payment.
(B) On April 25, 2016, the Defendant asserted that the Plaintiff was working from April 25, 2016, and the number of working days is over eight days and paid unpaid wages. However, there is no evidence to prove that the Defendant paid the aforementioned recognized unpaid wages, and it is difficult to find that there are special circumstances making it difficult to employ facts constituting a crime acknowledged in the above summary order only with the evidence submitted by the Defendant, and the above assertion is rejected.