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(영문) 창원지방법원 2019.04.05 2018나57510
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. Facts of recognition;

A. The defendant is a person who has operated a manufacturing company of laundry parts under the trade name of "C", and the plaintiff is a person who has entered into an employment contract with the defendant and worked as an employee of the above company.

B. From October 20, 2014, while working in the above company, the Plaintiff submitted a resignation document to the Defendant on July 31, 2017 and was disposed of. After re-admission on August 1, 2017, the following day, the Plaintiff continued to serve as the employee of the above company until January 8, 2018.

C. Meanwhile, on September 26, 2017, the Defendant paid KRW 6,771,721 to the Plaintiff as retirement allowances for the period of work (two years and nine months) from October 20, 2014 to July 31, 2017.

On January 8, 2018, the Defendant closes down “C” for managerial reasons, and notifies the Plaintiff of dismissal on January 9, 2018.

"Notice" was made.

E. On October 17, 2018, the Defendant was convicted of the facts charged that the Plaintiff did not pay the annual leave allowance of KRW 3,494,617, retirement allowance of KRW 949,310, and advance notice of dismissal allowance of KRW 2,172,839 to the Changwon District Court (which violated the Labor Standards Act, etc. in Changwon District Court Decision 2018 Gowon District Court Decision 2018Ma184), and the Defendant appealed and continues the appellate trial.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5 evidence, Eul 1 through 6 (including each number), the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion was employed by the Defendant from October 20, 2014 to January 8, 2018, and was dismissed. (1) The Plaintiff was obligated to pay the said money and damages for delay to the Plaintiff, as the Plaintiff did not receive the annual leave allowance for the period of service from August 1, 2017, which was dismissed from August 1, 2017 to January 8, 2018, (2) annual leave allowance for the entire period of employment (3,494,617, ③ advance notice allowance for dismissal (2,172,839, total amount of KRW 6,616,766.

B. After the Defendant’s assertion retired on July 31, 2017, the Plaintiff re-entered on August 1, 2017. Accordingly, the Defendant’s interim settlement of retirement pay and KRW 6,771,721 to the Plaintiff.

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