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(영문) 수원지방법원 2018.10.18 2017가단17760
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 51,929,040 and interest rate of KRW 15% per annum from May 2, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. From July 1, 2012, the Plaintiff served as the head of the Defendant’s administrative office.

On August 2016, the Defendant notified the Plaintiff of dismissal without prior notice, and subsequently decided to dismiss the Plaintiff as of August 18, 2016 through the Foundation Personnel Committee.

B. The Defendant did not pay to the Plaintiff KRW 57,348,560 (2,1960,117,280) in total, KRW 2,1960 (2,271,280,000) and KRW 29,271,280 (2,1960,000,117,280 won) in accordance with relevant laws and regulations.

C. The Plaintiff filed a petition against C, the Defendant’s representative, at the Gyeonggi-do Office of Employment and Labor in Middle-gu.

Accordingly, the Defendant agreed with the Plaintiff on January 24, 2017 to the effect that “If the Defendant pays the Plaintiff a sum of KRW 20 million up to January 26, 2017, and KRW 40 million up to February 24, 2017, the Plaintiff withdraws the said petition, and if the Defendant fails to pay the said amount, the said agreement is reversed.”

(hereinafter “instant agreement”). D.

However, the Defendant did not perform its obligation to pay the money as stipulated in the instant agreement, and the head of the Gyeonggi-do District Labor Office on April 3, 2017.

(1) â……………………………) issued a "business owner's certificate of delayed wage, etc." relating to the total amount of KRW 57,348,560.

E. C was indicted on charges of violating the Labor Standards Act and the Act on Guarantee of Retirement Benefits in Labor Place as the District Court 2017 Go-Ma1524.

In the above criminal trial, C asserted the innocence, but he was on April 19, 2018.

(1)(2)(3) was convicted of the entire amount of KRW 57,348,560, and the above judgment became final and conclusive as it is.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, unless there are other special circumstances, the defendant recognizes that the plaintiff should be deducted from the total of 57,348,560 won of the above overdue wages, etc.

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