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(영문) 대전지방법원 2015.04.22 2014가합105282
임금
Text

1. The defendant shall pay the following amounts to the plaintiffs:

A. Plaintiff A, as well as KRW 90,345,856, as well as its related thereto.

Reasons

Basic Facts

Defendant Company is a corporation with business purposes, such as preparation and good offices for coming-of-age, marriage, funeral, funeral and ancestor worship, and the Plaintiffs are retired after working for a certain period.

Plaintiff

A, C, D, E, and F filed a petition with the Daejeon Regional Employment and Labor Office on the delayed payment of wages and retirement allowances of the Defendant company, and the Plaintiff B filed the same petition with the Busan Regional Employment and Labor Office.

The specific contents are as follows:

Classification of Plaintiffs

(a) Period of employment;

B. The details of overdue wages (1) (2) retirement allowances (2) (wons) (hereinafter “Plaintiff A”) from September 2, 1996 to May 20, 2014; 87,385, 330, 945, B, 195, 382, 787 39, 787 39, 787 39, 787, 787 39, 787 39, 304, 205, 206, 30, 47, 205, 206, 30, 47, 205, 206, 30, 47, 205, 206, 30, 306, 47, 205, 205, 204, 306, 57, 57, 2014

2. Determination as to the cause of the Plaintiff A’s claim

A. The plaintiff A’s assertion 1) concluded a labor contract with the defendant company and retired from office. The defendant company is obligated to pay unpaid wages and retirement allowances. 2) The defendant’s assertion that the plaintiff A is an internal director of the defendant company and a shareholder of the defendant company, and thus, does not constitute an employee under the Labor Standards Act.

B. Determination as to whether a worker is subject to the Labor Standards Act shall be made according to whether the worker provided labor to the employer for the purpose of wages in substance regardless of the form of contract.

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