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(영문) 의정부지방법원 2014.10.31 2013가단38053

퇴직금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff joined the Defendant Company on April 1, 1995 and served until July 9, 2013.

B. In June 2013, the Defendant paid to the Plaintiff KRW 475,548, bonuses of KRW 1,578,000, KRW 1,638,000, and KRW 1,638,00, and KRW 2,528,337 based on the Guarantee of Workers’ Retirement Benefits from December 1, 2010 to July 9, 2013, deducting the total amount of KRW 628,870,00 from KRW 6,657,885, and the total amount of local income tax, KRW 6,029,015.

[Ground of recognition] Facts without dispute, Eul evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. (1) The plaintiff asserted that he was employed by the defendant and retired from office from office from office from April 1, 1995 to July 9, 2013. However, since 38,891,543 won of retirement pay was not paid, the defendant is liable to pay the above amount and damages for delay to the plaintiff.

(2) As to this, the Defendant is liable to pay retirement allowances only for the portion of work after December 1, 2010, since the Defendant’s place of business is not more than four full-time workers.

Therefore, since the retirement allowance was already paid from December 1, 2010 to the time of the plaintiff's retirement, there is no retirement allowance to be paid to the plaintiff, and the defendant did not agree to pay the retirement allowance to the plaintiff with respect to the portion of the work done before December 1, 2010, and therefore, there is no obligation to pay the retirement allowance under the agreement.

B. Whether the defendant's workplace is five or more full-time workers (1) This Act is effective as of December 1, 2005, Article 1 of the Addenda to the Guarantee of Workers' Retirement Benefits Act (Law No. 7379, January 27, 2005) (Enforcement Date).

Provided, That a business which ordinarily employs not more than four workers shall be implemented on the date prescribed by Presidential Decree within the period not exceeding 2010 years after 2008.

Article 3 (Special Cases concerning Wages and Charges for Business Employing Not more than Four Workers on a regular basis).