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1. The Plaintiff is 46,202,164 won and 20% per annum for the Defendant from December 13, 2014 to the date of full payment.
Reasons
1. The plaintiff's assertion
A. On January 1, 2012, the Plaintiff agreed to receive KRW 5 million monthly wages between the Defendant and the Defendant, and was employed by the Defendant and retired on September 30, 2014.
B. As the unpaid wage claim (total 68 million won) (1) from January 2012 to April 4 of the same year was not received at all, it sought payment of 20 million won in total for a four-month wage.
(2) From May 2012 to June of the same year, the person who worked for the period from May 2012 and did not receive only one million won monthly wage, and thus, he/she is entitled to the payment of the unpaid wage of eight million won out of the wages for the two-month period.
(3) Since a person who served on June 2013 to November 201 of the same year was not paid wages, he/she sought payment of 30 million won in total for six months.
(4) Since a person was working until August 2014 and September 2014 and was not paid wages, he/she sought payment of KRW 10 million for two-month wages.
C. (1) From January 1, 2012 to May 30, 2012, the Defendant had less than five regular workers, and operated as five or more regular workers from June 1, 2012.
With respect to retirement allowances of less than five full-time workers during the period from January 1, 2010 to December 31, 2012 under the Guarantee of Workers' Retirement Benefits Act, 50% of the statutory retirement allowances (retirement allowances prescribed in Article 8 of the Guarantee of Workers' Retirement Benefits Act; hereinafter referred to as "legal retirement allowances") are determined, and accordingly, the Plaintiff’s claim for KRW 1,02,881 (50% of the statutory retirement allowances) corresponding to the period of service from January 1, 2012 to May 30, 2012 (hereinafter referred to as “legal retirement allowances”), and KRW 11,690,069 corresponding to the period of service from June 1 to September 30, 2014.
The Plaintiff’s “written complaint” and “written application for modification of purpose of claim and cause” submitted on August 4, 2015 are KRW 14 million, and the claimed amount of retirement allowance is KRW 87 million in total of the claim amount of unpaid wages and annual allowances. The Plaintiff’s retirement allowance is specified in the written response on December 22, 2015.