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Reasons
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(영문) 수원지방법원안산지원 2016.06.01 2015재가단36
체불임금 및 퇴직금
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1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the plaintiff.

Reasons

1. Finality of the mediation protocol subject to quasi-examination;

A. The Plaintiff filed a lawsuit claiming “Defendant’s overdue wages of KRW 5,010,066, retirement allowances of KRW 12,884,115, consolation money of KRW 5,000,000, total amount of KRW 22,894,181,00” under the head of Suwon District Court’s Ansan Branch 2015da10860.

(hereinafter “instant lawsuit”). (b)

On September 15, 2015, at the conciliation date of the instant lawsuit, the Plaintiff and the Defendant adjusted the following contents (hereinafter “instant conciliation”).

1. The Defendant shall pay KRW 11,500,000 to the Plaintiff KRW 3,000,000 (Provided, That the amount shall be KRW 2,50,000 for January 15, 2016) from October 15, 2015 to January 15, 2016.

However, if the defendant fails to pay the unpaid amount at one time, he/she shall lose the benefit of the time, and shall immediately pay the unpaid amount, and he/she shall pay the unpaid amount at the rate of 20% per annum from the day after the first delay to the day of full payment.

2. The Plaintiff and the Defendant do not claim against the other party in the future a monetary claim against the other party under any pretext, such as wages, retirement allowances, compensation for damages, and return of unjust enrichment (hereinafter “instant provision”). 3. The Plaintiff waives the remaining claims.

4. The costs of lawsuit shall be borne by each person;

2. Judgment as to whether there exists a ground for quasi-examination

A. In addition to the overdue wages, retirement allowances, and consolation money claimed by the Plaintiff as the instant lawsuit, the Plaintiff was preparing a legal response separately for various issues, such as refund of the value-added tax that the Defendant made for unjust enrichment.

However, since mediators did not know such fact, they included the provision of this case, and the plaintiff knew that only the overdue wages claimed by the lawsuit of this case were settled by the plaintiff. If the mediation is finalized, the plaintiff could not take any legal action against the defendant.

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