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(영문) 청주지방법원충주지원 2019.08.08 2019가합104
임금 등
Text

1. The defendant shall be listed in the attached Table 2 among the plaintiff (appointed party) and each of the designated parties listed in the attached Table 1 list.

Reasons

The fact that the plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as "party to the plaintiff, etc.") as to the cause of the claim are employed from each date indicated in the "date of resignation" column of the attached Table 2 to each date indicated in the "date of withdrawal" column of the attached Table 2, and provided labor. The sum of wages, retirement allowances, year-end refund, and advance notice of dismissal that the plaintiff, etc. had not been paid by the defendant until he/she retires as above reaches each amount equivalent to the amount indicated in the "amount of claim" column of the attached Table 2 can be acknowledged by taking into account the entire purport of the pleading as a whole.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff (Appointed Party) and each of the 14 days after the date of retirement of the Plaintiff (Appointed Party) and each of them at the rate of 20% per annum as stipulated by the Labor Standards Act from each date to the date of full payment.

[Appointed C, D, E, and F claim a pre-determination allowance for dismissal, while the extinctive prescription of wage claim is applied to the pre-determination allowance (see Supreme Court Decision 65Da877, Jul. 6, 1965). As long as the extinctive prescription of wage claim is applied to the pre-determination allowance (see Supreme Court Decision 65Da877, Jul. 6, 1965), it is not different from wages in arrears from wages in arrears to be paid to the Plaintiff (Appointed Party) etc.

If all of them are deducted, the sum of the money and valuables, such as the wages in arrears, paid to the plaintiff (appointed party) shall be as stated in the "total amount of overdue wages" in attached Table 3.

Judgment

1. Regarding the assertion of deduction of income tax, etc.

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