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(영문) 제주지방법원 2020.07.17 2019가단67793
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,173,480 as well as 20% per annum from April 3, 2019 to the day of complete payment.

Reasons

According to the overall purport of Gap evidence and evidence Nos. 1 and 2 (including paper numbers) and the whole purport of the pleadings, it can be acknowledged that the plaintiff was employed by the defendant from February 19, 2018 to March 19, 2019 and served as the field director, and the defendant delayed payment of the plaintiff's wages of KRW 3,850,740, and KRW 2,360,131 in March 2019, and the plaintiff did not pay KRW 4,156,689 in retirement pay to the plaintiff at the time of his retirement.

As to this, the Defendant’s delayed payment of wages is against the Plaintiff’s assertion, but the period and amount are different from the Plaintiff’s assertion. However, according to the Defendant’s representative director C, in the case of violation of the Labor Standards Act investigated by the Gwangju Regional Labor Agency on October 30, 2019, the Defendant stated that the amount of the Plaintiff’s overdue wages and retirement allowances are identical to the Plaintiff’s assertion.

In addition, the defendant asserts that the plaintiff forged the defendant's seal, forged or falsified documents under the name of the defendant, and received back money from the subcontractor, etc., causing damage to the defendant, and that the plaintiff occupied and used one household among the newly built houses by the defendant due to delayed payment of wages, the plaintiff should return unjust enrichment to the defendant, and that the plaintiff offsets the plaintiff's wage and retirement allowance claims against the defendant's compensation for damages and the return of unjust enrichment. However, there is no evidence to acknowledge this.

Furthermore, according to Article 43 of the Labor Standards Act, wages are paid in full directly to an employee in currency, so in principle, the employer cannot offset wages against the Plaintiff’s claim, so even if the Defendant had the above claim against the Plaintiff, this cannot be offset.

Therefore, the Defendant prescribed the Labor Standards Act from April 3, 2019 to the date of full payment, which is the 14th day after the date when the Plaintiff retired from office.

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