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(영문) 수원지방법원안양지원 2016.06.16 2015가단15212
임금등
Text

1. The defendant,

A. From November 6, 2014 to the Plaintiff (Appointed) KRW 7,650,855 and its related thereto:

(b) to the Selection B;

Reasons

In fact, the plaintiff (appointed party) and the designated parties (hereinafter referred to as "the plaintiff, etc.") are the workers who were employed in the defendant company and retired from office.

Plaintiff

The period of service, unpaid wages and retirement allowances shall be as follows:

The sum of the unpaid wages paid during the period of service of the Plaintiff (Appointed Party) from September 2, 2013 to November 3, 2014, 2222, 4,53,027 3,027,107,828 7,650,855 designated B B from March 1, 2009 to January 5, 2015, 24,609,4630 24,609,463 designated parties C from August 1, 2012 to November 34, 2014, C 907,8247,896,73838,804,562 designated parties D2013

9. From April 30 to April 30, 2015, 23. 7,838, 468 3,376,00 11,214,468 Selection E, August 7, 2012 to April 29, 39,002 8,860,12238,259,124 Selection, 259,124, 201 to December 26, 2013 to December 17, 2014, the Defendant is not obligated to pay the total amount of wages from 20 days to 30 days after the lapse of 20 days from the date of 205th day of 20,52,341, 297, 893, 320, G,320, 296, 205 of the Labor Standards Act, and 5th day of 25th day of 25th day of 2014.

The defendant asserts that the wage and retirement allowance should be deducted for the period in which the plaintiff et al. worked, but does not work due to the deterioration of management of the defendant.

According to Article 46(1) of the Labor Standards Act, if a business shuts down due to a cause attributable to the employer, the employer shall pay the business shuts down allowance.

If the user suspends his/her business without any cause attributable to him/her, the suspension allowance may not be paid.

However, there is no evidence to acknowledge that the Defendant suspended its business.

We cannot accept the defendant's argument.

In conclusion, the plaintiff (appointed party)'s claim is accepted.

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