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(영문) 서울동부지방법원 2017.06.28 2016나6110
임금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiffs, under employment by the Defendant, who is a constructor, provided their labor from June 14, 2015 to June 27, 2015, but did not receive 2,340,000 won each of the wages.

B. The Plaintiffs asserted that they did not receive wages from the Defendant, and filed a petition with the Busan District Employment and Labor Agency, and on February 26, 2016, the Defendant was found to have been in arrears with the wages of KRW 2,340,000,000 against the Plaintiff by the head of the said Busan District Office.

C. On April 1, 2016, the Defendant issued a summary order of KRW 500,000 on the charge that the Plaintiffs’ wages were not paid within 14 days from the date of each retirement (Seoul District Court Branch Decision 2016 High Court Decision 201Da1283), and the said summary order became final and conclusive as it is.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 1-2, the purport of the entire pleadings (the defendant alleged in the first instance court that the Mapo Industry Corporation employed the plaintiffs, and that Eul employed the plaintiffs. However, although the evidence submitted by the defendant alone is insufficient to reverse the fact-finding that the plaintiffs are workers employed by the defendant, the defendant's above assertion is not accepted).

2. According to the above fact-finding, the Defendant is obligated to pay the Plaintiffs the unpaid wages of 2.34,00 won and the damages for delay at the rate of 20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from July 12, 2015 to the date of full payment, which is 14 days after the date of retirement.

3. If so, the plaintiffs' claims are justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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