퇴직금
1. The defendant shall pay to the plaintiff (appointed party) and the appointed party each amount stated in the claim column of the attached Table and the corresponding amount.
1. In addition to the overall purport of the pleadings in the evidence Nos. 1-1, 2, and 2 of the judgment as to the cause of the claim, the plaintiff (appointed party) and the appointed party (hereinafter collectively referred to as "the plaintiff, etc.") may recognize that they were employed by the defendant company for each period indicated in the service period column in the attached Form No. 1, and that they were not paid retirement allowances corresponding to each amount indicated in the claim amount column in the attached Table.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff et al. the amount of each claim stated in the attached Table and damages for delay calculated at the rate of 20% per annum from February 15, 2018 to the date of full payment, which is 14 days after the date of retirement of the selector C, as claimed by the plaintiff.
2. Judgment on the defendant's assertion
A. The Plaintiff’s claim is unreasonable since it agreed with the Plaintiff, etc. that the retirement allowance was not paid from the time when the first employment contract was concluded.
B. Determination 1) A retirement allowance is an amount having the nature of a later-paid wage that an employer pays to a retired employee for a certain period of continuous service as compensation for the continuous service, and specific claim for retirement allowance arises under the requirement that the employment relationship is terminated. A waiver of a retirement allowance claim that occurs at the time of final retirement is null and void in violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act (see, e.g., Supreme Court Decisions 97Da49732, Mar. 27, 1998; 2018Da21821, 2502, Jul. 12, 2018; 2018Da21821, 2502, etc.). Moreover, there is no evidence to acknowledge that there was an agreement between the Plaintiff, etc. and the Defendant as alleged by the Defendant, and even if such agreement was actually reached, the agreement cannot be legally recognized as valid as it violates the mandatory law
The defendant's argument is with merit.