logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.07.20 2016나5690
임금 등
Text

1. All appeals filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.

2. The appeal costs.

Reasons

1. Basic facts

A. The Plaintiff and the designated parties were employed by the Defendants and provided labor, but did not receive wages as shown below.

Work period of March 1, 2014: (a) 1,00,000 won or more from May 14, 2014 to May 17, 2014; (b) 8,220,000 won or more from May 1, 2014; (c) 6,875,000 won or more from April 1, 201 to May 22, 2014; (d) 6,005,6,000 won or more from May 22, 2014 to 05, 6,00,000 won or more from May 24, 2014; (e) 6,005,000 won or more from May 22, 2014 to 6, 7, 2005, 7,000,000 won or more from May 25, 2014 to 7, 2008 won.

B. On August 1, 2014, the Plaintiff and the designated parties filed an application against the Defendants for a payment order claiming the aforementioned unpaid wages with the Changwon District Court 2014 tea2194, and the said court issued the Defendants an order to pay wages to the Plaintiff and the designated parties. The payment order became final and conclusive on September 5, 2014.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion as to the legitimacy of the lawsuit

A. The Plaintiff and the designated parties secured executive titles upon the confirmation of payment order, but failed to receive wages from the Defendants. According to the small-sum substitute payment scheme under the Wage Claim Guarantee Act, which was enforced since July 1, 2015, the Plaintiff and the designated parties came to be able to receive wages not exceeding three million won from the country when there is a judgment, order, adjustment, or decision after the enforcement date.

However, in the case of the plaintiff and the designated parties, the decision of the payment order is confirmed prior to the enforcement of the small amount substitute payment system, so the above system cannot be applied.

In order to receive substantial remedies through the application of the small substitute payment system, the plaintiff and the designated parties should secure the enforcement title by filing a new lawsuit.

Therefore, the plaintiff can bring a lawsuit of this case with the same content as the previous payment order application.

arrow