beta
(영문) 인천지방법원 2016.11.23 2016가단6773

퇴직위로금에 대한 약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were the production workers who worked in the Defendant’s creative plant.

B. Around August 2015, the Defendant implemented a desired retirement.

The desired retirement (Evidence No. 2) is written in the following as to the calculation criteria for the standard salary for retirement consolation benefits:

The daily pay system: The basic daily pay, the bonus of non-ordinary allowances, the bonus of non-ordinary allowances, the bonus of leave (monthly), the travel expenses (monthly): the OT 18H monthly pay: the basic pay, the comprehensive allowance of non-ordinary allowances, the bonus of non-ordinary allowances (monthly), the bonus of leave (monthly) and the allowance of return travel expenses (monthly).

C. According to the payment standards for retirement consolation benefits at that time, Plaintiff A and B, who is a daily class employee, received the standard salary of three years, and Defendant C, who is a monthly class employee, received the standard salary of two years. In the case of retirement consolation benefits paid to the Plaintiffs on a yearly basis, the Defendant should divide them into 12 months and convert them into the standard salary of 12 months. However, the Defendant erroneously stated the provisional amount of retirement consolation benefits on the wind calculated as the standard salary of the monthly unit.

As a result, the Defendant provided the Plaintiff with an instruction to pay KRW 222,93,114 to the Plaintiff A, and KRW 189,00,000 to the Plaintiff C as retirement consolation money (hereinafter “instant guidance”). D.

However, the Defendant found and corrected the above errors before paying retirement consolation benefits to the Plaintiffs, and paid KRW 187,657,236 to the Plaintiff A, and KRW 154,00,000 to the Plaintiff C, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and Eul evidence Nos. 2, 5, 6, 7, 9, 10, 11 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. While providing the plaintiffs with the instant information, the defendant shall pay the plaintiff A with retirement consolation money of KRW 237,00,000,000, and KRW 222,93,114 to the plaintiff B, and KRW 189,00,00 to the plaintiff C.