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(영문) 전주지방법원 2017.08.23 2016나2324
임금 등
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Facts of recognition;

A. On November 11, 2013, the Plaintiff entered into a labor contract with the Defendant (formerly: Co., Ltd.) on the basis of the basic wage of KRW 1.2 million and advertising allowances according to the amount and number of advertisements awarded, the wage calculation period is from the 26th of the preceding month to the 25th of the preceding month, and the wage payment date is the 25th of each month, and is employed by the Defendant.

March 9, 2015.

B. The Defendant’s workplace operated D from September 2012 to November 4, 2014; thereafter, the Defendant’s workplace succeeded to the employment relationship of workers from E from E to October 2, 2015; and thereafter, the Defendant’s workplace is currently in operation by F until now.

C. On May 1, 2015, the Plaintiff filed a petition with the Employment and Labor Agency for the failure to receive wages, etc., and on May 1, 2015, the head of the Gwangju Regional Employment and Labor Agency: (a) the Plaintiff, from the Defendant, did not receive the total of KRW 15,156,364, and the total of KRW 15,845,95,000,000 from the Defendant during the period from January 1, 2014 to February 1, 2015.

On May 11, 2015, the Jeonbuk Regional Labor Relations Commission recognized that dismissal of the Plaintiff by the Defendant E on March 9, 2015, on the Plaintiff’s application for unfair dismissal, etc. was unfair dismissal, and determined to pay the amount equivalent to the wages that could have been paid if the Plaintiff had worked normally during the period of dismissal.

However, on February 3, 2015, among the plaintiff's application for remedy, the part that requested E to recognize a standby order issued against the plaintiff as an unfair standby order was dismissed.

(e) With respect to D on September 8, 2015, a prosecutor of the Jeonju District Prosecutors' Office, including the total amount of wages of the Plaintiff 9,536,364 won (263,636 won, 281,818 won, 281,818 won, 181,818 won, 2,527,273 won, 205, 200 won, 636,364 won, 2,200,00 won, 2,2,45, 2000 won, 2,45, 1,200, 200, 2000 won, 2,45, 200, 200, 200, 14, 200,000 won, 2,000 won, 20,000 won, 24, 2014, 200).

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