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(영문) 서울남부지방법원 2018.10.26 2017가단13094
임금 등
Text

1. The defendant,

A. Plaintiff A’s KRW 14,058,161 and its related KRW 13,674,988 are imposed on Plaintiff A from November 8, 2016, and Plaintiff B.

Reasons

1. Facts of recognition;

A. From April 28, 2011 to October 24, 2016, Plaintiff A served as a member of the Defendant, a company established for the purpose of design services, etc. from April 28, 201 to April 28, 2011 to September 27, 2016, and Plaintiff C as a member of the Defendant, a company established for the purpose of plant design services, etc. from April 1, 2008 to July 1, 2016.

B. In accordance with the rules of employment, the Defendant asserted that every week, Sundays and Workers’ Day ( May 1) are paid holidays, and that national holidays and general holidays designated by the Government were unpaid holidays. However, due to the mistake of an employee in charge of accounting, unpaid holidays were treated as paid holidays, and that excessive holiday allowances were paid to the Plaintiffs from 2011, and that the amount as set forth below was deducted from the Plaintiffs’ wages from June 2016.

Plaintiff

A Plaintiff C 67,453 won - 467,453 won - 2,582,651 won - 2,582,651 won 2,517 won - 791,517 won - 510,579 won - 492,900 won - 467,453 won - 467,453 won - 467,453 won - 467,453 won - 467,453 won - 2,582,651 won 2,019,028 won - 791,517 won -

C. On October 24, 2016, Plaintiff A, Plaintiff B, and Plaintiff C, on September 27, 2016, and July 1, 2016, respectively, demanded the payment of overdue wages and retirement allowances, but the Defendant did not comply with the demand, and the Plaintiffs reported the Defendant’s overdue wages, etc. to Seoul Regional Employment and Labor Agency (Seoul Regional Employment and Labor Agency).

Plaintiff

A and B did not agree to deduct the unpaid holiday allowance paid by the Defendant on the past’s unpaid holiday in the currency with the labor inspector in February 2017, but recognized the deduction from June 2016, and recognized the deduction from the unpaid holiday allowance for the Plaintiff A, respectively, as well as the unpaid wage of KRW 2,042,02,021,01,016,140, and the unpaid wage of KRW 1,609,388, 11,48,390, and unpaid retirement allowance of KRW 57,210,00.

On the other hand, on March 31, 2017, Plaintiff C consented that the Defendant deducts holiday allowances paid on the past unpaid holidays from the currency with labor inspectors.

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