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1. The Defendant shall pay to the Plaintiff KRW 21,078,856 as well as 20% per annum from August 5, 2014 to the day of complete payment.
Reasons
1. The parties' assertion
A. The Plaintiff should calculate the retirement pay based on the money actually received from the Defendant while working in the Defendant Company.
B. Overseas special allowances out of the amount the Defendant paid to the Plaintiff are not wages, and thus, the amount of retirement allowances should be calculated on the basis of basic pay.
The plaintiff has been working without objection with knowledge that the retirement allowance is paid based on the basic pay.
2. Determination:
A. The total amount of wages, which forms the basis for calculating average wages in the relevant legal principles, is money and valuables paid by an employer to an employee as “persons eligible for employment” and is continuously and regularly paid to an employee and its payment obligation is crossed out by collective agreements, rules of employment, wage rules, employment contracts, labor practices, etc. are all included regardless of their names.
(See Supreme Court Decisions 97Da56235 delivered on February 9, 199, 97Da5015 delivered on May 12, 1999, and 97Da5015 delivered on May 12, 199, etc.). The part in excess of the amount of wages paid to domestic employees of the same grade of salary paid during their work as an overseas resident employee shall not be deemed as the object of work, but shall be deemed as compensation for actual expenses or temporary paid during their work as an overseas resident employee in accordance with the special working conditions of the overseas employee. Thus, in calculating the amount of retirement allowances to overseas resident employees, the company’s rules of employment provide that the company’s rules of employment should not include the amount of wages paid to the overseas resident employee in calculating
(See Supreme Court Decision 90Meu4683 delivered on November 9, 1990). B.
Facts of recognition
1) The Plaintiff was employed by the Defendant from December 1, 2005, and retired from office on September 13, 2013. 2) The Plaintiff did not prepare a labor contract with the Defendant and did not know the details of the monthly wage.