퇴직금
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. Basic facts
A. The Plaintiffs, as the Defendant’s employees, retired while serving for the Plaintiff A from December 3, 201 to August 31, 2016, and Plaintiff B from December 24, 2010 to August 31, 2016.
B. The Defendant did not pay retirement allowances to the Plaintiffs, and D was sentenced to a suspended sentence of one year for a violation of the Act on the Guarantee of Workers' Retirement Benefits due to the fact that the Defendant’s representative failed to pay retirement allowances to the Plaintiffs, which was sentenced to a suspended sentence of three months (Seoul Western District Court Decision 2017Ra224). The above judgment was finalized as it is
C. The defendant's retirement pay calculated according to the defendant's organization management regulations (Article 103, 104, and 106 of the defendant's organization management regulations) and the standard rate of retirement pay. The plaintiff's retirement pay of 108,134,32 won, and the plaintiff's retirement pay of 25,638,597 won are calculated as follows.
(O) 165,343 won (=15,211,60 won in total for the last three months before retirement ± 92 days in total for the last three months ± 92 days in total for the last three months, hereinafter the same shall apply) 】 30 days 】 (21.8 = 120,369 won in total for the calculation of retirement allowances under Plaintiff B 120,369 won in total for the last three months before retirement ± 30 days in total for the last three months ± 11,074,000 won in total for the last three months before retirement ± 92 days in total for the last three months) 】 30 days in total 】 7.1 = 25,638,597 won in total for the standard payment rate for retirement allowances.
D. Plaintiff A’s refund for withholding tax on earned income is KRW 766,450, and Plaintiff B’s refund for withholding tax on earned income is KRW 372,480.
Meanwhile, Plaintiff A received retirement pension amounting to KRW 35,624,092, and Plaintiff B received retirement pension amounting to KRW 2,914,209 from Defendant respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1, 2, and Gap evidence 10, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant shall pay Gap retirement allowance = 108,134,322 won - 766,450 won - retirement pension amount 35,624.