퇴직금청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 31, 2016, the Plaintiff served as an urban bus article from the Defendant Company as an urban bus article.
B. The Plaintiff was subject to a disposition of suspension from office for one month from January 15 to January 13, 2016 on the ground that he/she participated in an illegal strike from the Defendant Company around December 2015, and was subject to suspension from office for one month from January 15, 2016 to March 14, 2016, and was unpaid during the period of suspension from office and leave from office.
C. Although Defendant Company intended to pay 32,566,458 won as retirement allowance to the Plaintiff, it paid 41,561,930 won as well as 41,561,930 won as stated in the attached Form in the Ministry of Labor.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including virtual number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion that the Defendant Company paid 41,561,930 won to the Plaintiff, including the period of suspension from office, based on the calculation of the average wage, and paid 41,561,930 won to the Plaintiff. As such, it is unreasonable to include the period of suspension from office in the period of calculating the average wage. Thus, the Defendant Company’s retirement pay to the Plaintiff is KRW 11,53
Therefore, the Defendant Company should pay the retirement allowance paid to the Plaintiff KRW 23,112,723 ( KRW 64,674,653 - KRW 41,561,930) and delay damages therefrom.
B. Even if the amount of the average wage was calculated in accordance with the principle of Article 19 of the former Labor Standards Act (amended by Act No. 6974 of Sep. 15, 2003) and Article 2 of the former Enforcement Decree of the Labor Standards Act (amended by Presidential Decree No. 18158 of Dec. 11, 2003), the amount of the wage was significantly less or more than ordinary cases when comprehensively assessing the circumstances, including the entire period of work, the period of change in the amount of the wage, and the degree of change in the amount of the wage.