부당이득금
1. The Defendant’s KRW 31,044,169 as well as the Plaintiff’s annual rate of 5% from October 17, 2019 to May 26, 2020, and the following.
1. The summary of the Plaintiff’s assertion is from May 4, 201 to April 10, 2019, the Defendant served as the Plaintiff’s employee. On April 16, 2019, the Plaintiff paid KRW 75,495,932 to the Defendant, who deducted the retirement income withheld from KRW 77,452,742 as retirement pay.
However, the Plaintiff is obligated to pay 50% of the statutory retirement allowance from December 1, 2010 to December 31, 2012, and 100% of the statutory retirement allowance from January 1, 2013 as an enterprise ordinarily employing not more than four workers. Accordingly, when calculating the retirement allowance, the Plaintiff is obligated to pay the Defendant the retirement allowance by 31,573,431 won [143,847 won per day x 30 days x 761 days (from December 1, 2010 to December 31, 2012] (from January 31, 2010 to December 31, 2013 x 20 days x 365 days).
Therefore, the Plaintiff sought refund of KRW 45,870,311 (i.e., KRW 77,452,742 - KRW 31,573,431) remaining after deducting the retirement allowance to be paid to the Defendant as retirement allowance from KRW 77,452,742 - 31,573,431) and compensation for delay.
2. Determination
A. Under the relevant legal principles, the retirement allowance system under the Labor Standards Act was separated and enacted on January 27, 2005 and enforced on December 1, 2005, Article 3 of the Guarantee of Workers' Retirement Benefits Act, Article 1 of the Addenda to the same Act (amended by January 27, 2005), and Article 2 of the Addenda to the Enforcement Decree of the same Act (amended by Presidential Decree September 29, 2010), the Guarantee of Workers' Retirement Benefits Act applies to all businesses or places of business that employ workers from December 1, 2005, on the condition that the Act on the Guarantee of Workers' Retirement Benefits applies to business or places of business that ordinarily employs four or less workers from December 1, 2010.
In addition, according to Article 8 of the Addenda to the Guarantee of Workers' Retirement Benefits Act (amended by July 25, 201), five or more workers are retirement allowances to be borne by an employer of a workplace who employs not more than four workers on a regular basis from December 1, 2010 to December 31, 2012.