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(영문) 부산고등법원 2015.09.16 2014나52544

임금

Text

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.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the cases being cited or added as follows. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

All parts of the judgment of the first instance court "Defendant Company" are "Defendant Company".

"No. 8" in the second sentence of the judgment of the first instance shall be added to "No. 9 and No. 10" next to the "No. 8.

On the 9th judgment of the first instance court, "All" in the 15th sentence shall be read as "other than three persons, including the representative director".

Part 6 and 7 of the first instance court's decision "A evidence 4, i.e., the following facts," shall be deleted.

Part 10 of the first instance court's decision " July 10, 2007." shall be read as " July 10, 2006."

Part 13 of the decision of the first instance shall be 9 and less than 9 of the decision as follows:

【2) Furthermore, as seen earlier, the deceased’s calculation of retirement benefits and the amount of the retirement benefits that the Defendant should pay to the Plaintiffs was paid to the Defendant as remuneration KRW 19,80,000 per month for the three months immediately preceding the date of the final retirement. As such, the average wage per day that the deceased received during the three months immediately preceding the date of his retirement (i.e., KRW 19,80,000 + KRW 215,217 per day (i.e., KRW 19,80,000 + KRW 1/92 per day, KRW 92 days per day, and KRW 290). According to the facts acknowledged above, the deceased’s period of continuous retirement can be acknowledged as having been 185,912,109 won (=215,217 KRW x 217 x 30 days x 298/365 day). Thus, barring any special circumstance, the reasonable number of retirement benefits of the deceased is 185,9,90 days).

As to this, the Defendant asserts that the value-added tax should be excluded from the wages that form the basis of the average wage, since the value-added tax is included in KRW 6,600,000 that the deceased received every month. However, as seen earlier, while the deceased maintained his status as his employee, the Defendant’s 6,60,000 won per month in return for the deceased’s work.