(영문) 대전지방법원 2019.05.10 2018나108191

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(영문) 대전지방법원 2019.05.10 2018나108191

임금 등

Text

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. Basic facts

A. From March 4, 2013 to August 28, 2016, the Plaintiff retired after working as a branch office of the financial company (insurance agency) branch of the Defendant’s operation.

B. On August 7, 2018, the Defendant was sentenced to a fine of KRW 3 million on the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act that the Defendant did not pay the Plaintiff the total amount of unpaid wages of KRW 9,396,780 (the wage of KRW 4,429,040 on July 1, 2016) and KRW 18,779,920 on August 15, 2018, without agreement on the extension of the payment date with the Plaintiff, within 14 days from the date of the Plaintiff’s retirement. The said judgment became final and conclusive on August 15, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 21, 22

2. The assertion and judgment

A. Part 1 of the claim for unpaid wages, even if not bound by the finding of facts in a criminal trial, the fact that a criminal judgment which became final and conclusive on the same factual basis is not a good evidence. Therefore, in light of other evidence submitted in the civil trial, it cannot be acknowledged that the facts against this conclusion are opposed to the judgment, barring any special circumstance where it is difficult to adopt a factual judgment in light of other evidence submitted in the civil trial (see, e.g., Supreme Court Decision 93Da29051, Jan. 28, 1994). In this case, as seen earlier, the Defendant was convicted of the Plaintiff on the charge of which the sum of wages was not paid to the Plaintiff on July 28, 2016 and August 2016, and the above judgment became final and conclusive.

With respect to the Plaintiff’s claim seeking the payment of unpaid wages, the Defendant asserted that the Defendant paid the Plaintiff the full amount of wages, the repayment of the principal and interest of the loan, and the amount of the funds actually paid by the Defendant, and eventually, the Defendant paid the Plaintiff the full amount of wages. Examining the Defendant’s claim, different from the above final

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