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(영문) 부산지방법원 2019.06.14 2018가단304645
임금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 13,69,508 to the Defendant (Counterclaim Plaintiff) and its amount from April 27, 2019 to June 14, 2019.

Reasons

1. Basic facts

A. The Defendant operates the instant telecom with the trade name “D” in Busan Dongdong-gu, Busan (hereinafter “D”), and the Plaintiff served as a parking manager from June 14, 2014 to August 31, 2017.

B. The Plaintiff did not prepare a written labor contract with the Defendant, and received monthly salary of KRW 1.5 million from the Defendant during the above service period.

C. On February 23, 2018, the Busan Regional Employment and Labor Agency conducted an investigation into overdue wages, etc. against the Defendant, and then prepared a business owner’s confirmation letter (Evidence A 12) such as overdue wages of 38,942,786 won, retirement pay of 4,714,803 won, and unpaid annual allowances of 2,328,160 won, including overdue wages of 45,985,749 won.

On March 20, 2018, the Defendant deposited the deposited amount of KRW 45,980,000 with the Plaintiff as the gold No. 1469 of this Court in 2018.

(e) The minimum wage per hour in 2014 determined and publicly notified by the Minister of Employment and Labor is 5,210 won, 5,580 won per hour in 2015, the minimum wage per hour in 2016, 6,030 won per hour in 2016, and the minimum wage per hour in 2017, 6,470 won.

F. On November 14, 2018, the Defendant was sentenced to a fine of 300,000 won by violating the Labor Standards Act, including “the Defendant is working in the workplace from June 14, 2014 to August 31, 2017, and is working in the workplace as the employee retired from the workplace at the above workplace, and KRW 33,668,746 won by August 14, 2014 to August 31, 2017, and annual paid leave allowances of 2,328,160 won, retirement allowances of 3,937,019 won, and KRW 39,93,925 won by the parties, without any agreement on the extension of the due date, within 14 days from the date of retirement,” and the Defendant raised an appeal and filed an appeal by the Defendant and filed an appeal from the court from April 16, 2019 to June 31, 2017.”

The Plaintiff’s retired worker’s amount below the minimum wage from August 2014 to August 2017, 26,677,172 won, respectively.

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