beta
(영문) 부산지방법원 2016.04.26 2014가단245830

퇴직금 청구

Text

1. Defendant C Co., Ltd.: (a) KRW 7,183,090 for Plaintiff A, and KRW 6,931,320 for Plaintiff B, and each of them on October 28, 2014.

Reasons

1. Basic facts

A. Plaintiff A worked in Defendant C Co., Ltd (hereinafter “Defendant Company”) from March 23, 191 to February 28, 2014, and Plaintiff B from July 1, 1992 to March 10, 2014.

B. The daily average wage for the three months immediately preceding the retirement of Plaintiff A is approximately KRW 48,933, and the daily average wage for the three months immediately preceding the retirement of Plaintiff B is KRW 46,955.

[Ground of recognition] Facts without dispute, Eul evidence No. 6, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendants agreed to pay retirement allowances to the Plaintiffs on the entire period of service, the Defendants are jointly and severally liable to pay retirement allowances, such as the purport of the claim, to the Plaintiffs.

B. The Defendants did not agree to pay retirement allowances to the entire service period of the Plaintiffs, and only have the duty to pay legal retirement allowances under the Guarantee of Workers' Retirement Benefits Act.

3. Determination

A. The evidence submitted by the Plaintiffs alone is insufficient to recognize that the Defendants agreed to pay retirement allowances to the entire service period. There is no other evidence to acknowledge this otherwise, and this part of the Plaintiffs’ assertion is without merit.

B. However, the plaintiffs' assertion that the retirement allowance payment under the Guarantee of Workers' Retirement Benefits Act is also included in the plaintiffs' assertion, and this is examined.

(1) In principle, the relevant legal principles apply to a business or workplace that employs not less than five regular workers (main sentence of Article 11(1) of the Labor Standards Act), retirement benefits as stipulated under the Guarantee of Workers' Retirement Benefits Act (Article 34 of the Labor Standards Act), and the Guarantee of Workers' Retirement Benefits Act, in principle, applies to all businesses or workplaces that employ workers (Article 3 of the Guarantee of Workers' Retirement Benefits Act). However, in the proviso of Article 1 of the Addenda (Act No. 7379 of Jan. 27, 2005), the term “business that employs not more than four regular workers” in the proviso of Article 1 of the Addenda (Act No. 7379 of Jan.