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(영문) 서울남부지방법원 2018.07.10 2017가단25196

노임

Text

1. As to KRW 33,915,723 and KRW 10,418,682 among them, the Defendant shall pay to the Plaintiff KRW 33,915,723, and KRW 23,496,91.

Reasons

1. Facts of recognition;

A. From July 26, 2006, the Plaintiff served as an employee of the Defendant and retired on September 30, 2016.

B. The Plaintiff was not paid KRW 909,200, KRW 2,117,969, KRW 1,96,999, KRW 1,807,784, KRW 1,361,641, and KRW 11,780,393 (hereinafter “instant unpaid benefits”) for January through May of 2016, respectively.

C. After completing the interim settlement of retirement pay in around 201, the Plaintiff’s retirement pay is KRW 22,135,330.

[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the annual amount of KRW 3,915,723, and KRW 10,418,682, which is the day following the date of retirement, to the Plaintiff for the unpaid benefits and retirement allowances of KRW 33,496,91 (= KRW 1,361,641, KRW 22,135,30) from October 15, 2016 to October 18, 2017, as requested by the Plaintiff, for the unpaid benefits and retirement allowances of KRW 23,496,91 (= KRW 1,361, KRW 641, KRW 22,135,30).

The Plaintiff seek for the payment of damages for delay for the period from October 1, 2016 to October 14, 2016, from 23,496,91 won in total of the unpaid benefits and retirement allowances for the foregoing September.

However, Articles 36 and 37(1) of the Labor Standards Act, and Article 17 of the Enforcement Decree of the Labor Standards Act provide that an employer shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred if an employee retires, barring any special circumstances. Where all or part of wages and retirement allowances are not paid within 14 days from the date on which the cause for such payment occurred, the interest rate of 20% per annum from