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(영문) 인천지방법원 2017.03.31 2016나5566
임금등
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment to the designated parties C in excess of the following amount:

Reasons

1. Facts of recognition;

A. The Defendant is the representative of “G” located in the F Building 412 at Kimpo-si, who is an employer who employs 13 full-time workers and operates a manufacturer.

B. The Defendant is working at the same workplace on October 5, 2015.

On December 31, 2014, the Plaintiff was investigated by the labor inspector on the delayed payment of wages, etc. to the designated parties E who retired from office on January 19, 2015, and confirmed that the overdue wages, etc. were the total of 11,585,610 won of the retirement pay, the total of 11,585,610 won of the retirement pay, the total of 11,586,570 won of the retirement pay, and 15,000 won of the selected parties C, and the total of 4,720,000 wages, retirement pay of 11,084,450 won of the selected parties E, and the total of 15,804,450 won of the retirement pay.

C. Since then, in the case of violation of the Labor Standards Act related to the delayed payment of wages to the Plaintiff and the designated parties (Seoul District Court Branch Branch Decision 2016Ra1010), the above court rendered a judgment of not guilty on the ground that: (a) on October 27, 2016, recognized the delayed payment of wages to the Plaintiff and the designated parties E, and sentenced a community service order for two years and 80 hours of probation; and (b) on the part of the designated parties C, it agreed to settle the existing claims and future claims against each other while engaging in continuous transactions between the appointed parties C and the Defendant; and (c) thus, it does not seem to have been sufficiently proven that there was no agreement on the extension of the payment date of wages.

The appeal is currently pending in the appellate trial after both the prosecutor and the defendant appeal.

(In Mancheon District Court 2016No4522). 【Ground for Recognition】 The fact that there is no dispute, Gap evidence 1-1, 2, 4, Gap evidence 2-1, 3, Eul evidence 7, the purport of the whole pleadings and arguments

2. Determination on the claims filed by the plaintiff and the selected parties E

A. According to the facts of the determination on the cause of the claim, the Defendant appears to have delayed payment of the wages and retirement allowances for the Plaintiff and the Selection E. Thus, the Defendant is liable to pay the Plaintiff the unpaid wages and retirement allowances of 11,585,610, the unpaid wages and retirement allowances of 15,804,450, and each of the above amounts.

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