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(영문) 서울서부지방법원 2015.01.15 2013가합8984
임금 등
Text

1. The Defendant’s payment of each of the corresponding money in the aggregate of the attached Form’s statement of overdue wages to the Plaintiffs and its related money on March 2013.

Reasons

1. Indication of claim;

A. The Plaintiffs are all retired workers on September 1, 2013, who were employed by the Defendant and provided services, such as cleaning services, at the press hotel operated by the Ynam Tourist Company, which entered into a building management contract with the Defendant.

B. The Plaintiffs did not receive the wages of July 2013, and the wages of August 2013, 2013, overtime allowances, and retirement allowances, which have to be paid by the Defendant. The respective wages, overtime allowances, and retirement allowances are as stated in each corresponding column of the attached Table of wages in arrears.

C. Therefore, the Defendant is obligated to pay to the Plaintiffs the relevant amount in the aggregate of the attached Form’s wages in arrears, as well as damages for delay calculated at the rate of 20% per annum under the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits from September 16, 2013 to the date of full payment, which is the day following the expiration of 14 days from September 1, 2013, which is the retirement date.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. Partial dismissal of a request.

A. The Plaintiff A also sought payment of KRW 2,640,000 for overtime allowances in addition to the above overdue wages.

However, the evidence submitted by the plaintiff A alone is insufficient to recognize that the plaintiff actually provided labor by supervising the rest of the plaintiffs in relation to cleaning services at the above press hotel, and there is no other evidence to acknowledge it.

Therefore, the plaintiff A's claim for this part is without merit.

B. The Plaintiffs also seek damages for delay from September 1, 2013 to September 15, 2013 on each of the relevant amounts stated in the aggregate of the attached Table on the details of overdue wages.

However, damages for delay under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act occur from the 14th day after the date on which the cause for the payment of retirement, etc. occurred. Since all the plaintiffs retired from office on September 1, 2013, the damages for delay in the amount of overdue wages of the plaintiffs were as seen earlier, the damages for delay in the amount of the overdue wages of the plaintiffs were made

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