1. The defendant,

A. As to Plaintiff A’s KRW 8,603,976 and KRW 4,802,166 among them, the amount of KRW 3,801,810 shall be determined from November 15, 2015.

1. Facts of recognition;

A. Plaintiff A worked for each Defendant company from October 14, 2013 to October 31, 2015, and Plaintiff B from September 2, 2013 to June 15, 2016.

B. However, on October 31, 2015, Plaintiff A did not receive the total of KRW 3,801,810 and retirement allowances and retirement allowances of KRW 4,802,166 at the time of retirement from the Defendant Company. Plaintiff B did not receive wages of KRW 5,707,670 at the time of retirement from the Defendant Company on June 15, 2016.

C. On September 21, 2017, D, the actual owner of the Defendant Company, was convicted of a fine of KRW 1,000,000 due to the violation of the Labor Standards Act and the violation of the Guarantee of Workers’ Retirement Benefits Act due to the delayed payment of the above wages, etc. against Plaintiff A, and the said conviction was finalized on September 29, 2017.

(Seoul District Court 2016 High Court 2432) d.

On the other hand, on July 20, 2017, Plaintiff B and D drafted a written agreement that “Plaintiff B withdraw the criminal case against the violation of the Labor Standards Act currently in progress. Employer D, as the actual representative of the Defendant, does not raise any objection any more than the current civil case of delayed payment of wages (the amount claimed by the employee is recognized as not raising an objection to the amount already determined by the Ministry of Labor and cooperates so that the employee can receive a small amount of substitute payment.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the Defendant Company: (a) KRW 8,603,976 (=total amount of wages and annual unused pay of KRW 3,801,810,802,166) and KRW 3,801,810 among them, as to the Plaintiff’s retirement pay of KRW 3,801,810 from June 15, 2016, which was sought by the Plaintiff from June 15, 2016, the remainder of KRW 4,802,16, which was the following day after the expiration of 14 days from the retirement date of the Plaintiff Company A.