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(영문) 의정부지방법원 2020.09.10 2020나200413
퇴직금청구의소
Text

1. Defendant in the judgment of the court of first instance exceeding the following amount ordered to be paid.

Reasons

1. Facts of recognition;

A. The Plaintiffs retired from office from office from February 1, 1983 to December 31, 2016 at the J (hereinafter “instant place of business”) located in Ilyang-gu, Busan-gu, U.S. (hereinafter “instant place of business”).

B. On July 13, 2018, the Defendant was issued a summary order of a fine on the following facts: “The Defendant was the employer of the instant workplace engaged in two manufacturing businesses using five regular workers, and was issued a summary order of a fine on July 13, 2018, stating that “The Plaintiff’s retirement allowance of 49,645,562 won, and Plaintiff B’s retirement allowance of 43,684,562 won, who had been employed during each of the above service period, did not pay it within 14 days from the date of retirement without agreement on extension

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. Determination as to the cause of the claim (the Plaintiff’s claim for retirement allowance) 1) With respect to the Plaintiffs’ claim for retirement allowance based on the summary of the parties’ claim, the Defendant: (i) the Plaintiffs’ retirement benefit guarantee (hereinafter “Retirement Benefit Act”)

(2) The retirement allowance system under the former Labor Standards Act is amended by Act No. 791 of Dec. 4, 1996, and is newly established. Examining the amendment process under Article 10 of the former Labor Standards Act and Article 1 of the Enforcement Decree thereof, the retirement allowance provision under Article 28 of the former Labor Standards Act shall be applied to the business or workplace which ordinarily employs not less than 16 persons until December 31, 1987, and thereafter not less than 10 persons ordinarily employs not less than 10 persons ordinarily until March 28, 1989.

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