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(영문) 창원지방법원 2019.05.23 2018가합1292
임금 등
Text

1. The Defendant: each of the relevant money indicated in the “total” column of the attached Table to the Plaintiff (Appointed Party) and the Appointed Party and the said money, respectively.

Reasons

The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) and the designated parties were employed by the Defendant on each corresponding day and worked at the Defendant’s workplace located in Jinhae-gu, Jinhae-si, Changwon-si, and retired on September 30, 2018. The Defendant did not pay wages to the Plaintiff and the designated parties for three months from July 7, 2018 to September 2018, and did not pay retirement allowances to the Plaintiff, excluding the designated parties D and E, whose working period is less than one year, and the remaining designated parties and the Plaintiff did not pay retirement allowances. The specific details are as stated in the “wages” column and “retirement allowances” column in the attached Table, or are deemed as having been proved by the Defendant under Article 150 of the Civil Procedure Act.

Therefore, the Defendant is obligated to pay the Plaintiff and the designated parties a delay compensation calculated at the rate of 20% per annum as stipulated in Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from October 15, 2018 to the date of full payment with respect to each of the relevant amounts and each of the above amounts as wages and retirement allowances, 14 days after the date of retirement.

Since the plaintiff and the designated parties are proceeding to pay substitute payments through the Busan Regional Employment and Labor Office, the plaintiff and the designated parties asserted that the amount of substitute payments received should be deducted from the wages and retirement allowances claimed by the defendant, but there is no evidence to acknowledge that the plaintiff and the designated parties received substitute payments.

Therefore, the defendant's argument is without merit.

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