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(영문) 서울중앙지방법원 2019.12.06 2018가합521456
임금
Text

1. The Defendant’s KRW 7,736,839 as well as the Plaintiff’s KRW 6% per annum from April 20, 2019 to December 6, 2019.

Reasons

Basic Facts

1) The Defendant is a corporation established with the aim of running a business to promote joint interests of CF operators. 2) The Plaintiff is a person who was employed by DF as an employee of a mutual aid association affiliated with the Defendant from April 10, 1993 to a mutual aid association affiliated with the Defendant and reached the retirement age on July 31, 2015, which is the end of the month when he reached the age of 55 pursuant to Article 76 of the Defendant’s Personnel Service Regulations, and was subject to retirement measures from the Defendant on August 1, 2015, the following day.

The Plaintiff did not use the Plaintiff’s overtime work and annual leave, and the Defendant’s wage payment 1) from November 2013 to July 2015, 2015, the Plaintiff worked for 13 hours each month from November 2013 to July 2015. Under Article 63 of the Personnel Service Regulations, the Plaintiff worked for 80 percent or more of the number of working days in 2013 and worked for 21 days in 2013, 19 days out of the number of working days in 2013, 80 or more of the number of working days in 2014 and worked for 80 percent or more of the number of working days in 2014, and did not use 20 days out of the number of working days in 2015.2) The Defendant’s wage paid to the Plaintiff was arbitrarily calculated as the number of working days in 2010 and paid the amount of the Defendant’s wage as the basis for calculation of the annual wage.

3) The Defendant’s benefit provision stipulated that the effective leave fee shall be paid under Article 21-2 before the amendment on April 7, 1999. However, since the benefit provision was amended on April 7, 199 and Article 21-2 was deleted, the Defendant did not pay the effective leave fee to the Plaintiff thereafter. The Defendant’s benefit provision on the interim settlement of the Plaintiff’s retirement allowance and the Defendant’s retirement allowance payment rate 1) was accumulated until the amendment on April 7, 1999.

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