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(영문) 수원지방법원안산지원 2019.08.21 2019가단2155
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,393,894 and the interest rate of KRW 20% per annum from July 15, 2018 to the day of complete payment.

Reasons

From April 20, 2016 to June 30, 2018, the Plaintiff continues to work in C Hospital under the Defendant’s control.

The Defendant did not pay wages and retirement allowances despite the Plaintiff’s retirement. According to the certificate of overdue wages issued on January 31, 2019 by the head of the Ansan District Labor Agency, which was issued on January 31, 2019, the fact that the Defendant’s wages and retirement allowances that the Defendant did not pay to the Plaintiff does not conflict between the parties, or that the Defendant did not dispute between the parties, or that it can be acknowledged in full view of the purport of the entire argument in the statement in subparagraph 1.

According to the above, the Defendant is obligated to pay the Plaintiff a total of 25,393,894 won and the total of 25,393,894 won and damages for delay calculated 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 15, 2018 to the date of full payment from the 14th day after the date of retirement of the Plaintiff.

The defendant asserts that the plaintiff's work attitude is unfaithful, has received discount benefits as an employee, and that the defendant dealt with the plaintiff's individual lawsuit on behalf of the defendant, so it is not sufficient to recognize the above argument of the defendant, and there is no other evidence to recognize it. Thus, the above argument of the defendant is rejected without having to consider any other point.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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