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(영문) 서울중앙지방법원 2014.09.26 2013가합42354

미지급임금(퇴직금)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an organization composed of the occupants of Seocho-gu Seoul Metropolitan Government B apartment. On April 1, 2008, the Plaintiff entered into an employment contract with the Defendant on April 1, 2008 (hereinafter “instant employment contract”).

() On February 28, 2013, the above apartment management office was on duty as the captain of the Young-line Office of the apartment management office and retired from office on February 28, 2013. The period of promotion of work and the period of rest: the total amount of monthly wages for rest and day-day work including two hours of meal hours: 2,395,900 won (1,401,930 won), job allowances (20,000 won), night allowances (318,370 won), monthly allowances (5,000 won), food allowances (90,000 won), and bonuses (507,590 won): The main contents of the instant employment contract are as follows: the Labor Standards Act and the Rules of Employment.

B. From May 2009, the Defendant increased the basic salary of KRW 1,471,930 by KRW 70,000 in lieu of abolition of the items of KRW 90,000 per month for regular workers employed by the Plaintiff including the Plaintiff, and increased the night allowance of KRW 338,370 in total by 90,000 in total. In addition, the Defendant abolished the monthly bonus paid from January 2012, and instead increased the basic salary or the adjustment allowance equivalent to the amount of the previous bonus payment. Meanwhile, the Defendant paid monthly salary from January 1, 2010 to “Preservation allowance”, and the name of the Defendant changed to “Adjustment allowance” from January 1, 2012 to “Adjustment allowance.”

During the period from April 2008 to December 201, 2011, from January 201 to December 2012, 2012, 1,401 to December 12, 2013; 1,401,90,410,990,410 and 20,000,000 20,000 20,000 20,000 20,000 20,000 20,000 night allowances and 318,370 338,370 3370,338,370 -370 -370,370 -370 - 58,010, 2010 to 1,470,970 -309,507 - 97,005 -3709

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