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(영문) 창원지방법원 2020.08.28 2019나65815
임금
Text

The part against the plaintiff falling under the order of payment under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. An employer who determines the cause of a claim has a duty to pay a retirement allowance to a worker who has continued to work for not less than one year, regardless of whether he/she is a daily employed worker;

(1) The Plaintiff paid KRW 1,50,00 as retirement pay to the Plaintiff on January 17, 2018; the Defendant paid KRW 1,50,00 as retirement pay to the Plaintiff on the ground of the Plaintiff’s service period; the Plaintiff’s payment of KRW 1,50,00 as retirement pay to the Plaintiff on October 27, 2018; and the Defendant paid KRW 1,50,00 as retirement pay to the Plaintiff on the ground of the Plaintiff’s service period; the Plaintiff’s payment of KRW 2,379,79,700; and the Plaintiff’s payment of KRW 1,50,00 as retirement pay to the Plaintiff on July 15, 2013 through January 28, 2018; the Plaintiff’s payment of KRW 1,379,79; KRW 379,79; KRW 136,000; and the Plaintiff’s payment to the Plaintiff on the ground of the Plaintiff’s service period; the Plaintiff’s payment of KRW 2, 136,2136,2,20.

Accordingly, when calculating accounts payable by the Defendant to the Plaintiff (hereinafter “instant retirement allowance”), the amount is KRW 8,710,307 as indicated in the following table (the Plaintiff asserted that the unpaid retirement allowance to be paid by the Defendant is KRW 9,862,303 in excess of the above KRW 8,710,307, but did not present an accurate basis for its calculation. The amount claimed by the Plaintiff appears to be due to the error in the Plaintiff’s designation of the date of retirement, the error in the payment of wages on October 10, 2017 to be included in the total amount of wages for the three months before the date of retirement, the omission in the calculation of wages for the period of the Plaintiff’s retirement allowance paid by the Plaintiff on July 15, 2013 to January 29, 2018 to December 13, 2017 to October 13, 2018 to August 13, 2013 to 208.

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