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(영문) 인천지방법원 2015.01.13 2014가단12057 (1)
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,887,960 and the interest rate of KRW 20% per annum from December 15, 2013 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) was established for the purpose of running a reinforced concrete construction business, etc., and the Plaintiff was employed by the Defendant and retired from office while working for the period from June 1, 2005 to November 30, 2013.

(2) The Plaintiff asserted that the Defendant did not receive retirement allowances from the Defendant and filed an application for issuance of a confirmation center of the amount in arrears with the Central Local Labor Agency. On January 28, 2014, the Administrator of the Central Regional Labor Agency issued to the Plaintiff the confirmation center that the Defendant did not pay retirement allowances of 20,121,960 won (it was calculated on the premise that the Defendant was paid the basic salary of 2,250,000 won each month from September 1, 2013 to November 30, 2013, which was the last three months in which the Plaintiff served) and the regular bonus of 90,000,000 won (i.e., July 350, 2013 + KRW 50,000 on September 50, 2013).

(3) As the Incheon District Court Decision 2014 high-level 10373, the Defendant’s representative director received a summary order of KRW 6,00,000 for the criminal facts that the Plaintiff’s retirement allowance of KRW 20,121,960 and the regular bonus of KRW 900,000 were not paid within 14 days from the date of retirement, and the Defendant’s request for formal trial was filed, but the above summary order became final and conclusive upon withdrawal of the request for formal trial.

(4) In addition, the Plaintiff asserted that the Defendant did not receive annual paid leave allowance from the Defendant and applied for the issuance of the Service for confirmation of the amount in arrears to the Central Local Labor Agency. On September 5, 2014, the head of the Central Labor Agency issued to the Plaintiff the confirmation source that the Defendant did not pay the Plaintiff the annual paid leave allowance of KRW 5,866,00 (=1,300 on May 25, 201 + KRW 1,464,110 on May 25, 201 + KRW 1,550,230 on June 25, 2013 + KRW 1,50,230 on June 25, 2013 + KRW 1,50 on December 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 3,6, 7, 9, Gap evidence 3, and the purport of whole pleadings

B. The above findings of recognition are as follows.

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