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1. As to KRW 21,721,936 and KRW 19,267,661 among them, the Defendant shall select the Plaintiff (Appointed Party) from April 4, 2019.
Reasons
1. Facts of recognition;
A. In Seodaemun-gu Seoul Metropolitan Government, the Defendant is operating a FJ (hereinafter “instant private teaching institute”) by employing six full-time workers.
B. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) served as an instructor at the instant private teaching institute from November 2, 2009 to December 17, 2017; from July 20, 2011 to December 14, 2017; and D from December 30, 2013 to December 18, 2017.
(hereinafter referred to as “Plaintiffs and two others,” when referring to both the Plaintiff, Appointor C and D.
1) On October 31, 2018, the Defendant was charged with violation of the Act on the Guarantee of Workers' Retirement Benefits as seen below, and violation of the Labor Standards Act by the Seoul Western District Court 2018Da3674. The Defendant is the representative of the pertinent private teaching institute and is an employer operating a private teaching institute by using six full-time workers. In the event that an employee retires, the employer, unless agreed by the parties, despite having paid all money and valuables, such as wages, and retirement allowances, within 14 days from the date of retirement, the Defendant, as indicated in the attached Table including the Plaintiff’s wages and retirement allowances for three workers from November 2, 2009 to December 18, 2017, it was difficult to determine that the Defendant violated the Labor Standards Act, including the Plaintiff’s retirement allowances, and did not pay the Defendant a total of KRW 55,271,422 within 14 days from the date of the suspension of execution without agreement between the parties, and the Defendant’s allegation that the Defendant’s payment of retirement allowances was not paid under the Labor Standards Act.
(In response to this, the Prosecutor appealed to Seoul Western District Court 2019No468, but the appeal was pronounced on September 26, 2019). (The ground for recognition is without dispute.)