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(영문) 수원지방법원 안양지원 2018.11.23 2018가단101039
임금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the representative of the Gunpo E-si building (hereinafter “E building”) from July 1, 2003 to June 11, 2017, and from June 12, 2017, Defendant D is the user who runs the building lease business, and the Plaintiff is a person who has worked in the E building from November 2003 to July 201.

B. On September 14, 2017, the Plaintiff filed a petition with the Defendants on the premise that the Plaintiff was unable to receive wages of KRW 38,083,450, retirement allowances of KRW 7,66,369, calculated by applying each year’s minimum wage, based on the premise that the Plaintiff had worked for 24 hours in the Gyeyang-gu Regional Employment and Labor Agency in the building as a shooting-day.

C. On January 8, 2018, the head of the Gyeyang-gu Regional Employment and Labor Agency: (a) investigated the Plaintiff’s petition case; (b) ordered the Defendants to take corrective measures as follows; and (c) Defendant B paid KRW 7,453,031 to the Plaintiff on January 11, 2018.

Article 36 of the Act on the Guarantee of Workers' Retirement Benefits of 2018, January 11, 2018 (Payment of Retirement Allowances of 1,017,15) of the Act on the Guarantee of Workers' Retirement Benefits of 1,017,15,334,420 won in 2015, 1,971,396 won in 2016, total of 1,568,483 won in 2017, 6,435,875 won in violation of the Act and Article 36 of the Act on the Guarantee of Workers' Retirement Benefits of 2014 (Payment of Retirement Allowances) of the Act on the Protection of Workers' Retirement Benefits of 1,017,156 won in violation of the Act and Article 9 (Payment of Retirement Allowances) of the Act on the Protection of Workers' Retirement Benefits of 2014 (Reasons for Recognition)

2. The plaintiff's assertion and judgment

A. The alleged Defendants paid the Plaintiff wages calculated by applying the minimum wage rate on the basis of the maximum wage rate for 24 hours per day in building in E-building.

As above, when calculating wages, the amount of unpaid wages is KRW 34,480,90 and the amount of unpaid retirement pay is KRW 7,955,870.

B. It is difficult to recognize that the Plaintiff’s daily working hours were 24 hours solely on the basis of the judgment fee, the evidence submitted by the Plaintiff, etc.

Therefore, the above argument of the first-party plaintiff on a different premise is without any need to examine further.

Rather, it is true.

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