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(영문) 수원지방법원 2018.12.20 2017나80790

퇴직금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant is running a cultural heritage preservation and treatment business and drug distribution business related to cultural heritage, and the Plaintiff was employed by the Defendant and provided labor from February 11, 2014 to November 30, 2016.

B. The Defendant’s representative director C was indicted for violating the Act on the Guarantee of Workers’ Retirement Benefits as to criminal facts, “The Plaintiff’s retirement allowance of KRW 7,828,088, which had been served from February 11, 2014 to November 30, 2016 at the Defendant’s workplace, was not paid within 14 days from the date of retirement.” On January 10, 2018, Suwon District Court issued a summary order of KRW 700,000 as a fine of KRW 20,000 was issued, and the said summary order was finalized on January 25, 2018.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 7 (including each number in the case with a serial number) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 7,828,00 per annum 20% per annum as stipulated in Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from February 11, 2014 to November 30, 2016, 7,828 of retirement allowances accrued during the period of service from November 30, 2016, as well as 14 days after November 30, 2016 as stipulated in Article 9 of the Guarantee of Workers' Retirement Benefits Act, as the Plaintiff seeks.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion that the payment of retirement allowances under the agreement on the division of retirement allowances is based on the agreement between the Plaintiff and the Plaintiff, including the amount equivalent to 11/10 of the monthly salary (the amount equivalent to 11/10 of the monthly salary), and accordingly, paid monthly retirement allowances in addition to the monthly salary. Accordingly, there is no obligation to pay the Defendant’s retirement allowances to the Plaintiff. Accordingly, the Defendant’s determination on the payment of retirement allowances does not exist. 2) the following circumstances that can be acknowledged