임금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following part ordering payment.
1. The reasoning for the court’s explanation concerning the instant case is as follows: (a) the part concerning the claim for unpaid wages under Articles 8 and 13 of the judgment of the court of first instance (the “determination on the claim for unpaid wages”) is as stated in the reasoning of the judgment of the court of first instance; and (b) such part is cited in accordance with the main sentence of Article 420
2. Parts to be dried;
A. The Plaintiff’s assertion 1) The Plaintiff received KRW 5,127,777 per month from the Defendant as wages, and accordingly, the amount of wages from December 11, 2013 to August 26, 2014, calculated on the basis thereof, is KRW 43,668,810.
B) Although there is a date on which the Plaintiff did not attend the National Pension and National Health Insurance Premiums for the period of unfair dismissal from December 17, 2013 to January 6, 2014, the Defendant’s assertion on this issue is contrary to the Defendant’s order and does not appear without permission. In addition, the Defendant’s assertion on this issue is contrary to the Defendant’s protocol of settlement on August 26, 2014.
2) The wages stipulated in the annual salary contract between the plaintiff and the defendant should be excluded from the calculation of wages, since the monthly wage of KRW 4,733,333 per month and the monthly wage of KRW 394,44 paid in excess of the above amount was paid in advance for the installment payment of retirement allowances.
B) Wages equivalent to the number of days of absence without permission of the Plaintiff during the period from December 17, 2013 to January 6, 2014, including national pension, health insurance, employment insurance, long-term insurance, income tax, local income tax, etc., for which the Defendant is liable to withhold shall be deducted from the monthly wage.
B. Determination 1 on the unpaid amount of wages) An agreement to pay in advance a certain amount of money with a monthly salary or daily allowance paid by an employer and an employee (hereinafter “an agreement to divide a retirement allowance”) along with a monthly salary or daily allowance paid by an employee.
The agreement waives in advance the employee's right to claim a retirement allowance that occurs at the time of the final retirement unless it is recognized as an interim settlement of the retirement allowance.