1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In fact, the Defendant, as an employer, did not immediately pay KRW 1,485,70,700 out of the wages on February 2, 2018 to the Plaintiff, who was an employee of the Defendant’s workplace, as a truck engineer from May 26, 2017 to March 9, 2018, KRW 2,414,730 of the wages on March 29, 2018, without special circumstances, within 14 days from the date of retirement. On March 9, 2018, the Defendant dismissed the Plaintiff and paid KRW 3,200,000 of the ordinary wages on March 9, 2018, “The summary order of a fine was issued on November 21, 2018 and became final and conclusive on November 29, 2018.”

(Ground for recognition), entry of evidence Nos. 2, 3 and 5, and the purport of the whole pleadings, without dispute (based on recognition)

2. The assertion and judgment

A. Even if a civil trial is not bound by the finding of facts in a criminal trial, the fact that a criminal judgment already became final and conclusive on the same factual basis is a flexible evidence, and thus, it cannot be acknowledged that there is no special circumstance where it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial, unless there is a special circumstance where it is difficult to

(Supreme Court Decision 92Da31453 delivered on January 15, 1993). B.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from March 24, 2018 to the date of full payment, as the sum of the unpaid wages of 2,414,730 won and the total of 3,200,000 won for advance notice of dismissal and the total of 5,614,730 won for advance notice of dismissal and the total of 3,200,000 won for them, and 14 days after the date of the Plaintiff’s retirement from the date of the Plaintiff’s retirement (paid wages) or after the date of the above dismissal.

C. As to this, the Defendant’s wages not paid by the Defendant are limited to KRW 2,304,132, which is the sum of KRW 971,422 and KRW 1,332,710 for February 2, 2018 and KRW 1,332,710 for March 3, 2018, and the Plaintiff voluntarily resigned on March 9, 2018.