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(영문) 부산지방법원 2017.08.23 2016나55230

퇴직금 등

Text

1. Of the judgment of the court of first instance on the principal lawsuit, the defendant (Counterclaim Plaintiff) has lost the money that exceeds the following order to pay.

Reasons

1. In the first instance court within the scope of the judgment of this court, the plaintiff filed a claim for retirement allowance, etc. with the principal lawsuit, and the defendant filed a claim for unjust enrichment with the counterclaim, and the court of first instance partly accepted the plaintiff's claim for the principal lawsuit and dismissed the defendant

As to this, the defendant appealed against the defendant among the main part of the judgment of the court of first instance, and since the plaintiff appealed against the plaintiff among the main part of the judgment of the court of first instance, the scope of the judgment of this court is limited to the claim for retirement allowance, etc. of the plaintiff.

2. Basic facts

A. The Plaintiff entered into an employment contract (hereinafter “instant employment contract”) with the Defendant who operates the Integrated Hospital (hereinafter “instant hospital”) and worked at the instant hospital as B from March 1, 201 to February 28, 2015.

B. On September 17, 2012, the Plaintiff entered into a contract with the Defendant to change the terms and conditions of the instant employment contract from September 1, 2012 to the following:

(2) Article 3 (Supplementary Conditions) of the former Act provides that “The former Act shall be amended to KRW 156,00,000,000,000,000,000, including retirement allowances, shall be included in the annual salary system under Article 3 (Remuneration Conditions) of the former Act.

(Provided, That the charges and public charges shall be borne by the defendant). Article 3 (Conditions of Remuneration)

1. The total annual payment during the term of the contract shall be 156,000,000 won per day including retirement allowances;

The monthly payment is 12,00,000 won and shall be separately paid. However, pursuant to the Guarantee of Workers' Retirement Benefits Act, all kinds of taxes and public charges shall be borne by the defendant.

Retirement allowances shall be paid at the time of retirement of the plaintiff, and in the case of interim settlement, the standards prescribed by relevant statutes shall apply.

C. From March 1, 2011 to August 31, 2012, the Plaintiff is monthly in accordance with the instant former labor contract.