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(영문) 수원지방법원 2018.09.20 2018나58905
임금
Text

1. The appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The basic facts of the claim ① The defendant owned 2 units of the Gangdong-gu Seoul Metropolitan Government C building (CI and C building II) and worked as the chief executive officer of the management office of the above building from November 7, 2006 to August 31, 2014, when the defendant used the interior and comprehensive construction business for the purpose of the interior and construction business (this company uses 2 units of the above C building as a shooting house, and has some management duties). The plaintiff is employed by the defendant as an employee for the management of 2 units of the above C building (the plaintiff clearly made it clear whether the defendant is the defendant or the above company, and on the date of pleading on August 28, 2018 based on a labor contract, etc.

The fact that the plaintiff retired from office, ② around October 28, 2014, the plaintiff filed a petition with the Seoul Eastern District Office for Labor, ③ The above office conducted an investigation against the plaintiff and the defendant, etc., and the above office is less than five full-time workers, and the defendant paid less than 631,040 won to the plaintiff by paying less than the minimum wage amount from January 1, 2014 to August 1, 2014; the duty to pay retirement allowances occurs only after December 1, 2014, Article 34 of the Labor Standards Act and Article 31 of the Guarantee of Workers' Retirement Benefits Act apply to less than four full-time workers; the defendant paid less than 50% of the statutory retirement allowances from December 1, 201 to December 31, 2012 to December 31, 2014; and the defendant paid less than 31,010% of the retirement allowances to the plaintiff on December 31, 2016.

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