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(영문) 울산지방법원 2016.03.23 2015나2010
임금 등
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. The reasoning of the court of first instance concerning this case is as follows: ① additional evidence submitted at the court of first instance, which is insufficient to reverse the recognition of the defendant company's obligation to pay wages, etc. to the plaintiff of the defendant company of the first instance, and ② Part of the evidence No. 4 through No. 6 of the first instance judgment (However, C requested formal trial against the summary order following the summary indictment, and then requested formal trial, which is currently Ulsan District Court 2014Da1460, Jun. 14, 2015) "(However, C requested formal trial with respect to the summary order following the summary indictment, which is currently in progress)" was "(The summary order under the summary indictment was filed with the Ulsan District Court 2014Da1460, May 7, 2015, C was sentenced to a fine of KRW 200,000,000,0000,0000,000 won, and the above judgment was accepted by the court of first instance and second instance 2015No.214.

3. Regarding the scope of obligation to pay wages, etc.

A. The party’s assertion (1) C, the representative director of the Defendant Company, made a verbal agreement on remuneration at least KRW 45,000,000 as annual salary or at least KRW 5,000 as a monthly salary of KRW 4,00,000,000, while employing the Plaintiff.

(2) Unless there is no agreement with the Plaintiff on the amount of wages, and unless there is an agreement on the amount of wages, the wages and retirement allowances, which the Defendant Company owes the obligation to pay to the Plaintiff, shall be calculated on the basis of the minimum wage determined by urban daily wage or Minimum Wage Act

B. The applicable legal doctrine is that an employer shall pay remuneration to a worker who provides labor. As such, remuneration in an employment contract constitutes an essential part of an employment contract.

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