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(영문) 대전지방법원 2015.12.09 2015가단2734

퇴직금등

Text

1. The Defendant: (a) from January 15, 2014 to January 15, 2014 to the Plaintiff (Appointed Party); and (b) from January 9, 36 to B to the Selection Party B.

Reasons

1. Basic facts

A. The Plaintiff and C passed the selection test for the Reserve Officers Training Team in the Army, to which the Defendant belongs, concluded a service contract for private professional manpower or labor contract (in the name of a labor contract until December 31, 2008, from January 4, 2009) with the Defendant on a first-year basis, and retired while serving for the following period.

Plaintiff

From January 5, 1998 to December 31, 2013: B: From January 15, 2003 to December 16, 2013

B. The Plaintiff and C received each wage of KRW 5,636,100 (=1,878,700) from the Defendant for three months prior to their retirement x 3).

C. Meanwhile, the Defendant changed the method of paying retirement allowances to reserve school officers several times during the term of office with the Plaintiff and C, and the specific details and the retirement amount paid to the Plaintiff and C are as follows.

1) The method of payment of retirement pay by 2002 – The Defendant paid 1/12 of the annual contract amount under the service contract to reserve school officers in monthly service charges (On the other hand, the Defendant paid to reserve school officers in interim accounts of retirement pay from September 9, 2010 to 2002 from the date of the first contract to the date of the first contract.

From 2003 to 2006, the Defendant: (a) prepared a service contract with the annual total amount of annual salary and the amount of retirement allowances; (b) received an application for interim settlement of retirement allowances during the pertinent contract period from reserve school officers; and (c) accumulated the amount equivalent to 1/13 of the monthly salary as retirement allowances, and paid the accumulated retirement allowances at the expiration of the contract period.

From 2007 to 2009, the defendant prepared a service contract with the service unit price calculated by applying the scientific service unit price each year, separated from the contract amount, and received an application for interim settlement of retirement pay from the reserve guards at the beginning of January of the following year after the contract period expires after accumulating retirement pay separately from the contract amount.

From 2010 to 2013, the defendant has set aside an amount equivalent to 1/13 of the budget allocated as a retirement allowance, but at the time of retirement.