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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The defendant is a company that carries on construction business in Ssung.
B. On May 13, 2013, the Plaintiff filed a petition with the Ministry of Employment and Labor of the Jung-gu Regional Employment Agency that the respondent was the defendant and was not paid wages from the defendant. During the process, the Plaintiff and the defendant drafted an agreement with the ordering person, the prime contractor, and the defendant for active consultation to liquidate the Plaintiff’s overdue wages. If the Plaintiff’s wages are not paid by June 30, 2013 notwithstanding the validity of the agreement, the Defendant check the number of the Plaintiff’s overdue wages and directly pays the overdue wages by July 10, 2013. The Plaintiff withdraws the case against the Defendant on May 13, 2013: Provided, That where the Defendant did not pay the said money in full to the Plaintiff by the payment date, the Plaintiff may file a petition against the Defendant (hereinafter “instant agreement”).
C. Since then, on October 7, 2013, the Plaintiff, who did not receive the above wage from the Defendant, was issued a confirmation note of the delayed payment amounting to KRW 9,150,000 on the part of the Plaintiff’s overdue wages retired from the Defendant’s workplace from November 4, 2012 to January 31, 2013.
The above confirmation source stated that the amount of overdue wages claimed by the respondent is different from the amount in arrears determined by the labor inspector.
On October 24, 2014, E, the representative director of the Defendant, was convicted of summary indictment of violating the Labor Standards Act in accordance with the Labor Standards Act. On October 24, 2014, E, the Defendant’s representative director, was sentenced to the judgment of innocence on the grounds that the Plaintiff cannot be deemed to have been the Defendant’s employee in the case of Incheon District Court Branch Branch of Incheon District Court 2014No4147, Apr. 1, 2015. The judgment of dismissal was sentenced on April 9, 2015.