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(영문) 전주지방법원 2017.10.19 2017나2208
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

purport.

Reasons

1. Facts of recognition;

A. The Defendant is the representative of “C architect’s office” aimed at building design and related service business, and the Plaintiff served as the Defendant’s employee from July 24, 2014 to February 11, 2016.

The amount of bonus (from August 26, 2015 to September 25, 2015) KRW 700,000 on September 2015, 2015, KRW 750,000 on December 25, 2015 (from November 26, 2015 to December 25, 2015) and KRW 750,000 on February 26, 2016 (from January 26, 2016 to February 11, 2016) and KRW 750,000 on February 26, 2016, KRW 850,00 on wages, KRW 2,64,00 retirement allowances, KRW 5,714,085,05 on February 2, 2016.

B. On May 11, 2016, the head of the Jeonju District Labor Office: (a) prepared a “business owner’s confirmation document, such as delayed payment,” with the purport that the Defendant delayed payment of KRW 5,714,085, total amount of KRW 850,00, bonuses 2,200,000; and (b) retirement allowances 2,664,085, as indicated in the following table, and issued to the Plaintiff.

C. The Defendant was indicted for violation of the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits on September 11, 2016, and was issued a summary order of KRW 1,50,000 on September 201, 2015, and KRW 750,000 on December 201, 2015, and KRW 3,050,000 on February 2, 2016, and KRW 2,664,085 on February 20, 2016, and was not paid to the Plaintiff. The Defendant was issued a summary order of KRW 1,50,000 on July 11, 2016, and the summary order became final and conclusive on November 1, 2016.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff worked from July 24, 2014 to February 11, 2016, and provided labor according to the employment notice “monthly wage of KRW 1,500,000, and bonus of KRW 200%”, the Plaintiff did not receive wages, bonuses, and retirement allowances as stated in the purport of the claim, even though it provided labor and provided labor.

Therefore, the defendant is obligated to pay to the plaintiff 5,714,085 won in total, including the above-paid wages, bonuses, and retirement allowances, and delay damages.

B. The Plaintiff expressed his intention to retire at the end of December, 2015, and was disposed of on January 25, 2016, the first month after the retirement.

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