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(영문) 창원지방법원 2015.10.13 2015나414

퇴직금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant, at the window C of Changwon-si, was a person who operated the “D Language Institute”, a place of business with not more than four regular employees, and the Plaintiff retired from his/her office as an instructor at the said private teaching institute from November 1, 2010 to December 31, 2012.

(Plaintiff asserts to the effect that the period of service was continued from November 1, 2010 to March 14, 2014. However, according to the Plaintiff’s evidence No. 3-2, the Plaintiff voluntarily confirmed the period of service from November 1, 2010 to December 31, 2012; and accordingly, the labor relationship was severed between April 1, 2013 to March 14, 2014; thus, the Plaintiff’s allegation is rejected).

The defendant paid 1,500,000 won per month to the plaintiff before his retirement, but did not pay the retirement allowance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. Article 1 of the Act on the Guarantee of Workers' Retirement Benefits provides that the Act on the Guarantee of Workers' Retirement Benefits shall apply to every business or workplace that employs workers from December 1, 2005 to all business or workplace that employs workers from December 1, 2005, by separating the retirement allowance system under the Labor Standards Act for the purpose of contributing to the establishment and operation of the worker's retirement benefits system and was enacted on January 27, 2005 and enforced on December 1, 2005. According to Article 3 of the Act on the Guarantee of Workers' Retirement Benefits and Article 1 of the Addenda of the Act (amended by January 27, 2005) and Article 2 of the Addenda of the Enforcement Decree of the same Act (amended by Presidential Decree No. 22010, Sep. 29, 2010). Accordingly, the Act on the Guarantee of Workers' Retirement Benefits provides that the Act on the Guarantee of Workers' Retirement Benefits shall enter into force from December 1, 2010: