퇴직금 등
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal:
1. Facts of recognition;
A. The Defendant is the representative of D in etern C, who employs five full time workers and carries on the educational service business.
B. The Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”) and worked in the said workplace from December 1, 2016, and the Defendant notified the Plaintiff of the dismissal on October 26, 2018, and dismissed the Plaintiff as of October 31, 2018.
(c)
On the other hand, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 50,000 for criminal facts stating that the Defendant did not pay KRW 230,000 for annual allowances to the Plaintiff, and did not pay KRW 2,30,000 for retirement allowances, and did not pay KRW 1,829,962 for the Plaintiff without the prior notice of 30 days before February 20, 2019 (the above summary order became final and conclusive on March 13, 2019) [based on recognition] / [The grounds for recognition] Party 1, 2, Eul’s evidence, and the purport of the entire pleadings, and the purport of the entire pleadings.
2. Determination
A. According to the above facts and the evidence revealed, the Defendant did not pay to the Plaintiff annual allowance of KRW 230,000 and retirement allowance of KRW 1,829,962 within 14 days from October 31, 2018, on which the Plaintiff retired, and the Defendant dismissed the Plaintiff as of October 31, 2018 without giving prior notice 30 days prior to the dismissal of the Plaintiff, but did not immediately pay KRW 2,300,000 for the advance notice payment to the Plaintiff on the date of dismissal.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 4,359,962 (i.e., annual allowance of KRW 230,000 retirement allowance of KRW 1,829,962 for advance notice of dismissal of KRW 2,300,000), and damages for delay.
B. On November 2, 2018, the Defendant paid KRW 575,801, which is a part of retirement pay, to the Plaintiff. The instant labor contract was terminated due to the Plaintiff’s breach of contract (a breach of contract terms and time to commute to and from work), and Article 12(2) of the instant labor contract occurs.