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(영문) 서울서부지방법원 2017.06.28 2016가단33793
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,020,087 and the interest rate of KRW 20% per annum from March 11, 2015 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The following facts can be acknowledged in full view of the entries in Gap evidence Nos. 1, 3, and 4 and the purport of the entire pleadings.

① On August 1, 2013, the Plaintiff joined the Defendant and served as “management director” in the position of “management director” and retired on February 24, 2015.

② At the time of entry, the Plaintiff prepared the “labor contract” (hereinafter referred to as the “instant contract”) including matters concerning annual salary (the total amount shall be paid equally for 12 months), ordinary wages, incentives, various allowances, annual employment, working hours, grounds for dismissal, retirement allowances, etc. (hereinafter referred to as the “instant contract”) with the Defendant, and served under the instant contract until retirement thereafter.

(3) Article 3 of the Labor Standards Act attached to the Defendant’s articles of incorporation provides that “The actual relationship between a person who works as an employee under a separate contract shall be governed by the said separate contract, even if he/she works as an executive due to the business and status of business, and the Labor Standards Act shall apply.”

④ The Plaintiff’s unpaid wage calculated on the basis of the instant contract is KRW 21,859,480, the amount of unpaid annual allowance is KRW 1,837,320, and retirement allowance is KRW 6,323,287.

B. According to the above facts of recognition, it is reasonable to deem that the Plaintiff is a worker of the Defendant who provided labor in a subordinate relationship with the purpose of wage. Meanwhile, in full view of the entries and the purport of the entire arguments in subparagraph 2, the Plaintiff’s holding of 10,000 shares out of 190,000 shares of the Defendant as of June 9, 2016 may be recognized, but such circumstance alone does not deny the Plaintiff’s worker status.

Therefore, the Defendant set the Labor Standards Act from March 11, 2015 to the date of full payment with regard to the Plaintiff’s unpaid wages, unused annual allowances, and retirement allowances of KRW 30,020 ( KRW 21,859,480 + KRW 1,837,320 + KRW 6,323,287) and the period from March 11, 2015 to the date of full payment.

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