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(영문) 인천지방법원 2016.05.19 2016나547
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

purport.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation that runs the taxi transport business, etc., and the Plaintiff was employed by the Defendant on October 1, 2006 and served as an affiliated taxi engineer, and retired on March 31, 2014.

B. After the implementation of the system that requires a transport business entity to receive the full amount of transport earnings from transport employees (one-time total management system), the Defendant paid the full amount of transport earnings on the day from the taxi engineer affiliated with the Defendant, including the Plaintiff, to the part exceeding the monthly standard transport earnings (hereinafter “performance allowances”) set by the Defendant, separately from the wages.

C. The Defendant did not include performance allowances in the average wage when calculating the retirement allowance to be paid to the Plaintiff.

The amount obtained by deducting retirement allowances paid by the Plaintiff from retirement allowances calculated including performance allowances is KRW 7,469,960.

E. On July 17, 2015, the Defendant’s representative C was prosecuted for committing an offense, such as “the Plaintiff’s difference in the retirement pay amounting to KRW 7,469,960, which was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties,” and was convicted in the first instance court on July 17, 2015 (Seoul District Court Decision 2015Da428,652 (Merger), and is still pending in the appellate

(Reasons for Recognition) Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings and the purport of the whole pleadings.

2. As to the cause of the claim

A. If the performance bonus is included in the average wage and the transportation company pays a certain amount of the actual working days of each month to its employees, in addition to the payment of a certain amount of the monthly wage to its employees, the balance obtained by deducting a certain amount of taxi commission paid to the company from the daily transportation income, taking into account the unique characteristics of the form of work and the convenience of calculation, etc., is left to a free disposition with the individual's income, the portion that constitutes the individual's income also constitutes the wage

In particular, drivers are required to do so.

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