퇴직금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The main office; and
Facts of recognition
On April 1, 2003, the Plaintiff retired on December 31, 2013 after being employed by the Defendant who conducts the architectural design business.
On January 7, 2008, the Plaintiff drafted an annual salary contract with the Defendant as follows.
1. Basic annual salary 1): 2.1 million won x 12 months x 2.2 million won x 2.2 million won : Over-time hours of overtime work shall be separately calculated and paid: Provided, That 21 hours a month shall be included in basic pay 3): Retirement pay each month included in basic pay: A monthly payment included in basic pay;
2. The various allowances and ordinary wages 1) are considered to include statutory allowances (e.g., extension, night, holiday work allowances) and all other items of our voluntary allowances (class allowances and meal allowances). The ordinary wages are the amount equivalent to 1/12 of the basic salary (for a year), 1-1) in 12 equal annual allowances. The monthly payment and retirement allowances 1) monthly payment is the amount equivalent to 1/12 of the twelve equal monthly amount, including retirement allowances and bonuses, from the "amount of the total contract annual salary."
2) Under the agreement between the employer and the employee, retirement allowances shall be paid in the event that the contract term of this Agreement expires, or in our country, it shall be included in monthly payment. The Defendant paid monthly basic pay to the Plaintiff in accordance with the above annual salary contract. The above basic pay was deemed to include overtime allowances for 21 hours (see the proviso of Article 1(1) of the Annual Salary Employment Contract) in the said basic pay, but the basic pay has not been reduced even if the actual 21 hours are not extended.
In addition, overtime allowance was paid for overtime work exceeding 21 hours by multiplying the overtime hours by the hourly amount, and the said amount was calculated by uniformly dividing the basic pay by 270 hours.
The basic salary of the plaintiff was increased by KRW 2.3 million in 2010, KRW 2.5 million in 2011, and KRW 2.6 million in 2013.
The defendant shall pay the unpaid benefits from the plaintiff's retirement to October 6, 2014.