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(영문) 춘천지방법원 2018.11.14 2018나170
임금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Facts of recognition and judgment

A. There is no dispute between the parties, or the following facts are acknowledged in full view of Gap evidence 1, 3, 5, Eul evidence 6-2 and the purport of the whole arguments.

1) From November 19, 2012, the Plaintiff was employed by the Defendant, who is engaged in the news providing business as a personal business entity called “C,” and served as a video photographing reporter on August 18, 2016, and was withdrawn on August 18, 2016. 2) The Defendant did not pay the Plaintiff the total of KRW 1,030,000 for November 1, 2014, wage of KRW 1,430,00 for May 2015, wage of KRW 1,430,000 for June 20, 2016, wage of KRW 1,430,00 for KRW 5,320,00 for retirement pay and retirement allowance of KRW 5,146,460 for KRW 10,466,460 for the Plaintiff within 14 days after the retirement of the Plaintiff.

3) The Defendant was sentenced to a fine of KRW 3,00,000 on the ground that the Plaintiff did not pay the same wages, etc. as described in the foregoing paragraph (2) against the Plaintiff, in the case of Youngcheon District Court Youngcheon District Branching 2017 High Court Branching 107 High Court, which

4) On January 31, 2017, the Defendant paid 1,200,000 won to the Plaintiff as part of the unpaid wage and retirement allowance. (b) According to the facts finding the cause of the claim as above, the Defendant is obligated to pay 10,138,187 won (=10,46,460 won - 328,273 won above 1,200,000 won) remaining after the Defendant paid 1,200,000 won to the Plaintiff on January 31, 2017 from the total amount of accrued wage and retirement allowance and its delay damages until January 31, 2017, the Defendant is obligated to pay 20,46,460 won to the Plaintiff at the rate of 10,46,460 won - 320,000 won, 200,000 won per annum from September 2, 2016 to January 31, 2017.

2) The Defendant’s argument as to the Defendant’s assertion is as follows: ① on August 19, 2016, the Defendant paid KRW 1,430,00 to the Plaintiff; ② The Plaintiff and the Plaintiff constitute 10% of the monthly salary payment from October 2014.

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