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1. The defendant,
A. The Plaintiff 6,657,230 won and the interest rate of 20% per annum from February 23, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant operated a restaurant with the trade name “E”. The Plaintiff entered into a labor contract with each of the Defendant from November 24, 2011 to February 8, 2014; the Plaintiff B from June 29, 2011 to May 14, 2014; and the Plaintiff C, from July 26, 2012 to June 2, 2015, to provide labor in a restaurant.
B. Upon retirement of the Plaintiffs, Plaintiff A did not receive wages of KRW 3,600,000 and retirement allowances of KRW 3,057,230, and Plaintiff B did not receive wages of KRW 2,645,160 and retirement allowances of KRW 3,723,470, and Plaintiff C did not receive wages of KRW 3,350,000 and retirement allowances of KRW 4,197,620.
[Ground of recognition] Unsatisfy, Gap 1, 4-7 evidence, the purport of the whole pleadings
2. The defendant is liable to pay to each plaintiff the unpaid wages and retirement allowances as stated in the disposition, and damages for delay calculated at the rate of 20% per annum from the fourteen days after the retirement day to the day after full payment is made.
In this regard, the defendant deducted the withdrawal deposit from the plaintiffs' salary, and if the plaintiffs fail to return to Korea, the amount corresponding thereto should be excluded from the unpaid wage, and the remaining amount of 300,000 won for the plaintiffs A, 650,000 won for the plaintiffs B, and 50,000 won for the plaintiffs C, respectively, and the retirement pay was included in the monthly salary.
An employer fails to enter into a contract that stipulates the penalty or amount of damages for nonperformance of a labor contract (Article 20 of the Labor Standards Act). Since the escape bond claimed by the Defendant is aimed at preventing the Plaintiffs from leaving the contract in the middle by failing to perform a labor contract, it constitutes a liquidated penalty or damages.
The defendant's deposit for repayment is merely a partial deposit and has no effect on repayment.
Retirement benefits have the nature of post-paid wages, and are paid unilaterally by an employer during the employment contract.