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(영문) 서울북부지방법원 2017.06.28 2016나38281

퇴직금

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Defendant operates the manufacturer of the mutual clothes of “D”, and the Plaintiff A from July 208 to August 11, 2015, and from December 1, 2010 to September 29, 2013, the amount of retirement allowances calculated by the Plaintiffs’ monthly salary paid by the Defendant during the Plaintiffs’ work period and the aforementioned work period was calculated from December 1, 2010 to September 29, 2013 in accordance with the relevant Acts and subordinate statutes, since the Defendant ordinarily employs not more than four workers, the amount of retirement allowances was calculated from December 1, 2010 to December 1, 2010 when the retirement benefit scheme was expanded into all business places;

Plaintiff

B 1,750,147 won.

B. The Plaintiffs filed a petition with the Seoul Regional Employment and Labor Agency Seoul Northern District Office to the effect that the Defendant did not pay retirement allowances. The Defendant was indicted for a violation of the Act on the Guarantee of Workers' Retirement Benefits that KRW 13,987,875 and Nonparty E did not pay the retirement allowances within 14 days from the date of retirement and received a summary order of KRW 1,500,000 on January 18, 2016, and the said summary order was finalized on March 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 5 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff A retirement allowance of KRW 6,073,079 and damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from August 26, 2015 to the date of full payment with respect to the retirement allowance of KRW 6,073,079 and the amount of damages for delay calculated from August 26, 2015 after 14 days from the date when the cause of the payment occurred to the date of full payment.

3. Judgment on the defendant's assertion

A. The defendant's assertion 1 is the defendant.