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(영문) 부산지방법원 2014.10.29 2014가단12894
임금 등
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 Defendant (hereinafter “Defendant prosperity”) is an incorporated association established for the prosperity and development of business by organizing the entire merchants who engage in commerce in the D market as a whole and promoting a reasonable market management, and is registered on the register of directors, E and seven others, and the representative of the Defendant prosperity is a director E.

B. From April 6, 2009 to December 31, 2013, the Plaintiff is a person in charge of the collection of management expenses, banking and government offices-related affairs, and other accounting affairs from 89 members of the Defendant Association.

C. The Plaintiff received KRW 300,000 per month during which he/she worked as the general secretary of the Defendant prosperity.

【Ground for recognition】 The fact that there has been no dispute, entries in Gap 2, 3, and 4 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Labor Standards Act, which was employed by Defendant prosperity during four years and eight months from April 6, 2009 to December 31, 2013, is deemed to have been employed by the Plaintiff.

(2) Defendant prosperity is a full-time employee. Although the Plaintiff was obligated to pay the minimum wage prescribed by the Labor Standards Act, only KRW 300,000 per month was paid to the Plaintiff, the Plaintiff sought an aggregate of the difference calculated by deducting the wages actually received from the minimum wage under the Labor Standards Act from the minimum wage under the Labor Standards Act (the Plaintiff sought at the complaint to pay the total amount of KRW 39,49,440,00,000, excluding the period during which the three-year extinctive prescription applies from the preparatory document dated September 15, 2014, and sought a total of KRW 15,717,120,00,000 from January 1, 2011.

(2) In addition, the Plaintiff seeks payment of the retirement allowance of KRW 5,125,680 based on the minimum wage under the Labor Standards Act to the Defendant (in the event that the minimum wage under the Labor Standards Act is not applied, KRW 2,566,666, based on the monthly remuneration agreement with the Defendant prosperity. (2) Even if the Plaintiff is not a worker under the Labor Standards Act, the Plaintiff is a prosperity or representative of the Defendant.

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