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(영문) 수원지방법원 2014.11.21 2014나15122
임금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff, on or around May 3, 2003, was employed by the Defendant as a driver of the soft season and worked until February 19, 2013. The Defendant’s wage payment method to the Plaintiff is monthly wage, and the Defendant agreed to pay the Plaintiff KRW 2,80,000 per month on March 4, 2013. The Plaintiff retired from office on March 18, 2013. The Plaintiff was paid to the Administrator of the Gyeonggi-do Office for Employment and Labor on March 18, 2013; the Plaintiff did not receive wages and retirement allowances from March 12, 2012 to February 3, 2013; and the Plaintiff did not receive wages and retirement allowances from March 22, 2013 to October 16, 2017; and the Defendant was investigated by the labor inspector on March 22, 2013; and the Defendant was paid to the Plaintiff on March 21, 2016 to 20.

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the total amount of KRW 8,560,540 [2,80,000 (2,800,000 won) of the unpaid wages and retirement allowances of KRW 2,800,000 (2,800,000 won - 3,000,000,000 won - 3,160,540 of the unpaid retirement allowances of KRW 3,160,540, and delay damages therefor, barring any special circumstances.

3. Judgment on the defendant's assertion

A. As to the assertion that the Defendant agreed to deduct the monthly wage from the labor inspector, the Defendant shall consider the fact that the actual number of working days of the Plaintiff at around February 201, a non-regular period, was only four days among the Plaintiff at the time of the investigation by the labor inspector.

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