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(영문) 서울동부지방법원 2015.05.28 2014가단58710
임금 등
Text

1. The defendant

A. As from May 27, 2014, Plaintiff A’s KRW 4,938,800 and its related thereto:

B. Plaintiff B shall be KRW 10,594,479, and

Reasons

The plaintiffs retired from office on each of the following retirement dates while providing their labor to the defendant as the defendant's worker, and the unpaid wages and retirement allowances up to that time do not have any dispute between the parties.

According to the following facts: (a) on August 12, 2014, the unpaid amount of retirement pay accrued on the date of retirement for the Plaintiff’s member (hereinafter “Plaintiff”) on May 12, 2014; (b) on June 18, 2014; (c) on June 6, 454, 355, 140, 140, 124 10,594, 479 C on June 25, 2014; and (d) on June 31, 2014, the Defendant is obligated to pay the Plaintiffs an unpaid amount on the aggregate of 4,06, 6104, 6106, 610, 610 D/ 610 D/ 10 on November 3, 2014; and (d) on June 31, 2014; and (e) on the amount of unpaid retirement pay on the 3rd 15,2014.

In regard to this, the defendant asserts that the plaintiffs should deduct the damages caused by the loss of materials and survey equipment while working at the road work site of the defendant company, and therefore, it shall not offset the wages with the pre-paid credit under Article 21 of the Labor Standards Act, and the main text of Article 43(1) of the Labor Standards Act provides that "the wages shall be paid in full in cash directly to workers" and the purport of Article 43(1) of the Labor Standards Act, which declares the principle of the so-called payment of total wages, is to protect the workers so as not to threaten their economic life by prohibiting the employers from unilaterally deducting wages from unilaterally. Thus, there are special provisions in statutes or collective agreements (proviso to Article 43(1) of the Labor Standards Act), and the loans or claims against the workers due to tort except for the over-paid wage refund claims.

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