퇴직충당금 미수금 청구
The defendant shall pay to the plaintiff KRW 812,865,402 as well as KRW 671,816,513 as to the plaintiff. From January 1, 2018 to November 13, 2020.
1. Basic facts
A. 1 The Parties’ Status 1) The Incorporated Association C (hereinafter “C”)
(2) In order to improve the function of the loading and unloading of harbors and promote the rationalization thereof, and the sound development of the harbor transport business, the Defendant is a harbor transport businessman pursuant to the Harbor Transport Business Act that operates the harbor loading and unloading business at Incheon port as a member of C. (2) The Plaintiff, from around 1978, set aside a certain percentage of the harbor transport charges as the retirement allowances for port workers (hereinafter “retirement allowances”) and paid retirement allowances to the retired workers among the harbor workers who belong to the D Trade Union.
(B) As seen below, port workers were not subject to retirement allowances under the Labor Standards Act as they were put into port operations according to the needs of harbor transport business operators while they belong to the Korea Trade Union before commercialization, and the retirement allowances system was introduced at the welfare level of port workers.
(1) In the case of harbor transport business entities subject to Article 10(1) of the Harbor Transport Business Act in accordance with the retirement allowance scheme implemented in around 1978, the amount calculated by adding the retirement allowance scheme calculated in accordance with the “port loading and unloading fare scheme” authorized by the Government to the basic fare (11.5% of the internal fee).
The following shall be collected as port loading and unloading charges (hereinafter referred to as “authorization rate system”):
A) Of them, the Plaintiff has accumulated the funds for retirement allowances to be paid to port workers by paying the amount equivalent to the retirement allowances to the Plaintiff. In the case of harbor transport business entities subject to Article 10(2) of the same Act, the amount agreed with each of the relevant harbor users as the cost of loading and unloading was reported to the Government (hereinafter “the reported fee system”).
These harbor transport business entities.