퇴직금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.
1. The following facts are acknowledged in each entry of Gap evidence Nos. 1 to 35 and Eul evidence Nos. 2 (including, if any, branch numbers) without dispute between the parties to the facts of recognition, or in full view of the purport of the entire pleadings.
A. The Defendant is a legal entity operating a construction business. From May 4, 2007, the Plaintiff was in charge of the business of cutting trees, etc. on the construction site of the Defendant and retired from the Republic of Korea on April 29, 2008, and thereafter came to work abroad on August 1, 2008, and thereafter, the Plaintiff was in charge of the same business as before and retired from the office until January 6, 2013.
B. The average wage before the Defendant retires is KRW 107,608.70 per day as listed below.
A period of October 7, 2012 - November 1, 2012, 2012 - November 31, 2012 - December 1, 2012 - December 30, 2012 - December 1, 2012 - 25 30 basic grade 2,61,291,2903,300,300,300,300,300,638,710,90,90,90,900,90,900,000 average wage of total wages of 1, 2012 - December 31, 2012 - December 31, 2013: < Amended by Presidential Decree No. 24292, Jan. 6, 2013; Presidential Decree No. 230358, Oct. 9, 200, 900; Presidential Decree No. 8670
2. The Plaintiff’s assertion is an employee of the Defendant, who is in charge of the Defendant’s business of growing trees, etc. on the construction site from May 4, 2007 to January 17, 2013, and thus, the amount of retirement allowances for the said period is KRW 17,246,870, and is sought against the Defendant.
3. Determination as to the cause of action
A. According to the above facts, the Plaintiff’s employee worked as the Defendant from August 1, 2008 to January 6, 2013, and the average wage is recognized as the cause of 107,608.70 per day. Thus, the Plaintiff’s retirement allowance for the above service period is KRW 14,311,220 (average wage 107,608.70 x 30 x 45/126/365).
Therefore, the defendant, as to the above 14,311,220 won to the plaintiff and the above 14 days from January 7, 2013, when the plaintiff retired, the defendant raised a dispute as to the existence and scope of the obligation from February 1, 2013 to June 5, 2015, which is the date when the judgment of the court of first instance is rendered.