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(영문) 의정부지방법원 2016.09.08 2016나53603
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff was employed by the defendant, who is the representative of the Djuju station located in Yongsan-gu, Busan Metropolitan City, and provided labor from December 8, 2003 to January 3, 2007 and retired from office.

B. The Plaintiff was unable to receive part of the wages and retirement allowances during the pertinent period of employment, and filed a civil petition with the Office of Government Branch of the Seoul Regional Labor Agency, and received confirmation of the delayed payment amounting to KRW 5,837,79, which was part of the wages and retirement allowances, around May 3, 2007.

(hereinafter referred to as “related cases”). (c)

From July 13, 2004 to December 2, 2006, the Defendant was indicted for violating the Labor Standards Act on the ground that part of overtime work allowances, night work allowances, part of holiday work allowances, 638,00 won for holiday work, 4,936,00 won for weekly, monthly and annual leave compensation, part of 263,790 won for retirement allowance, and 5,837,799 won for retirement allowance was not paid, and was issued a summary order (hereinafter “instant summary order”), which was issued on September 13, 2007 by the Goyang Branch of the Government District Court 2007,6830 won for a fine of 50,000 won. Accordingly, the above summary order became final and conclusive on the 23th of the same month because the Defendant did not request formal trial within the prescribed period.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is that the defendant, in collusion with E which investigated the relevant case as a labor inspector of the Seoul Regional Labor Agency, had E intentionally look at, distorted, and concealed materials submitted by the plaintiff, such as making the witness F's statement and the statement of wage calculation prepared by the labor company, submitted by E without attaching records, and making it possible to draw false conclusions differently from the fact in investigating whether the delayed payment of wages was delayed, thereby unfairly reducing the wages that the plaintiff should actually receive, thereby causing damage to the plaintiff totaling 14,659,397 won. Thus, the defendant is liable to compensate for such damage.

B. Determination Doesck;

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