퇴직금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 9, 2016, the Plaintiff was employed by the Defendant, who is engaged in the cosmetic, non-faint-in retail business with the trade name called D in Busan-gu, Busan-gu, and then retired on June 10, 2017.
B. The Defendant did not pay the Plaintiff a retirement allowance of KRW 2,350,300, and the Busan District Court suspended a fine of KRW 300,000 from the Defendant on June 10, 2018 due to a violation of the Guarantee of Workers' Retirement Benefits Act.
(2018Gohap30) . [Recognition] Fact that there is no dispute, entry of Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings
2. According to the above facts finding as to the claim on the main claim, the Defendant is obligated to pay to the Plaintiff the unpaid retirement allowance of KRW 2,350,300, and damages for delay calculated at the rate of 20% per annum from June 10, 2017 to the date of full payment, which was 14 days after the Plaintiff’s retirement date, from June 25, 2017 to the date of full payment.
3. Judgment on the counterclaim
A. The Defendant asserted that the Defendant paid to the Plaintiff the sum of KRW 2.6 million per month from June 2016 to June 2017, as retirement allowance, and thus, cannot respond to the Plaintiff’s counterclaim claim. If the payment of retirement allowance does not take effect, the Defendant sought a return of unjust enrichment as to the said amount received without legal cause from the Defendant and its delay damages.
B. (1) Determination 1) An agreement to pay in advance a certain amount of money with a retirement allowance, along with a monthly payment or daily payment made by an employer and an employee, along with a monthly payment or daily payment made by an employee (hereinafter “
If the agreement is deemed to be an interim settlement of a retirement allowance, the agreement is null and void as it gives up in advance a worker a claim for a retirement allowance that occurs at the time of the final retirement unless it is deemed to be an interim settlement of a retirement allowance, and thus, it violates the mandatory law and regulations. As a result,
(b)if any;