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(영문) 서울북부지방법원 2016.08.24 2016가단113792
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 18 million and the interest rate of KRW 15% per annum from March 11, 2016 to the date of complete payment.

Reasons

Facts of recognition

The defendant was established at the inaugural general meeting on July 6, 2009 and obtained authorization for the establishment from the head of Seongbuk-gu Office on August 11, 2010, and the plaintiff was elected as the head of the defendant's father's association at the inaugural general meeting and is in charge of the same position until now.

Article 19(2) of the Defendant’s articles of association provides that “A union shall pay remuneration to full-time executives and paid employees in accordance with the separate remuneration regulations set by the union. In this case, the remuneration regulations shall be approved in advance by the general meeting.” Article 41(3) of the remuneration regulations of Chapter 4 of the Union’s operating rules provides that “The remuneration of executive officers and employees shall be calculated by the budget for each fiscal year, but may be modified by a resolution of the board of representatives.” On July 6, 2009, the annual budget for remuneration of the deputy president of the union was passed by the resolution of the board of representatives.”

However, the Plaintiff received 1.8 million won monthly remuneration from the Defendant from February 2016, the time of filing the instant lawsuit following the authorization to establish the association.

【Unsatisfy-founded-based dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 3, and the purport of the entire pleadings, the plaintiff was not paid 50,000 won per month from the defendant. As such, the defendant is obligated to pay to the plaintiff delayed payment calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 11, 2016 to February 2016, as requested by the plaintiff, for unpaid remuneration of 18 million won (50,000 won x 36 months x 56 months) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 2013 to February 2016.

The defendant, in which the plaintiff voluntarily reduced the amount of 1.8 million won, asserts that the plaintiff reduced the amount of remuneration by 1.8 million won due to the negative public opinion on the position of the vice president of the partnership, the plaintiff himself/herself would have to have the amount of 1.8 million won. However, the Eul evidence 4 is significant.

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