퇴직금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff’s judgment on the cause of the claim was engaged in a textile manufacturer’s “C” in the name of “C” operated by the Defendant from May 24, 2013 to March 7, 2016, and the fact that the Plaintiff’s retirement pay calculated according to the Plaintiff’s period of work and remuneration was 4,293,214 causes no dispute between the parties or recognized by the evidence No. 1.
According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 4,293,214 won of retirement pay and delay damages calculated at the rate of 20% per annum from March 22, 2016 to the date of full payment, which is 14 days after the date on which the ground for the payment occurred.
2. Judgment on the defendant's assertion
A. The Defendant asserted that the Plaintiff and the retirement allowance were to be paid in installments with the monthly salary, and that the Plaintiff paid the retirement allowance to the Plaintiff in accordance with the above agreement.
B. In a case where an employer and an employee agreed to pay in advance a certain amount of money as retirement allowance along with a monthly or daily allowance paid by the employer and the employee, such agreement is null and void in violation of Article 8 of the Act on the Guarantee of Workers’ Retirement Benefits, unless it is acknowledged as an interim settlement of accounts for retirement benefits as stipulated in the main sentence of Article 8(2) of the same Act, and thus, the employer has paid in advance a certain amount of money in the name of retirement allowance to the employee under the above agreement.
Even if there is no effect as retirement allowance payment.
(See Supreme Court Decision 2007Da90760 Decided May 20, 201, and Supreme Court Decision 2009Do8248 Decided October 13, 201). Even if the Defendant agreed to pay the Plaintiff’s retirement allowance in installments with the monthly salary, there is no evidence to regard the agreement as the interim settlement of retirement allowances as stipulated in the first sentence of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act and Article 3(1) of the Enforcement Decree of the same Act.