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(영문) 대구지방법원 2020.07.23 2019가단118736
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (1) is a person qualified as a construction technician in the field of civil engineering (Article 2 subparag. 8 of the Construction Technology Promotion Act).

(2) The Defendant is a company that conducts construction business related to sewage treatment.

B. The Plaintiff’s acquisition of insured status with social insurance (1) was reported to the Defendant’s employee from May 19, 1997 to April 30, 2014, and obtained the so-called “fourth insurance” insured status.

(2) The Defendant again reported the Plaintiff as an employee on May 13, 2014, and reported that the employment relationship was terminated on December 31, 2018.

C. The Defendant’s payment of money (1) was made on February 5, 2016 to August 5, 201.

3.18.18.

4.5.

5.10.1

5.31.

7.29.

8. 2.) Over the period of 3.5 million won, the sum of KRW 24.5 million was remitted to the Plaintiff. (2) The Defendant wired the amount of KRW 3 million to the Plaintiff on September 22, 2018, and October 31, 2018 of the same year. [In the absence of any dispute over the grounds for recognition, subparagraphs 1 through 3, 1 through 4, 5-1 through 6, 10-3 through 5, 10-1, 11, and 11, the purport of the entire pleadings, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) The Defendant is obligated to pay the Plaintiff’s wage and retirement allowance totaling KRW 30 million, which is part of the Plaintiff’s wage and retirement allowance, and damages for delay as stipulated in the Labor Standards Act, from January 15, 2019 to 14 days after the date of retirement.

(A) The Plaintiff was an employee of the Defendant for more than 21 years, but did not receive retirement allowances.

A claim for KRW 15 million, which is a part of retirement allowances of KRW 74,134,220 (average wage of KRW 3,461,520 for three months before retirement x (5/12) for three months before retirement).

(B) From January 1, 2016 to December 31, 2018, the Defendant paid 30.5 million won out of the Plaintiff’s total of KRW 126 million (monthly 3.5 million x 36 months).

claim KRW 15 million, which is part of the 95.5 million won received.

(2) The Defendant for the compensation of damages was dead on April 30, 2014, and the same year.

5. 13. Re-enterting as if it were, and paying the employment insurance premium from that time, the Plaintiff was not paid retirement benefits.

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