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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. The Defendant is a person who operates a manufacturer with the trade name of “C,” and the Plaintiff was working in the said workplace from May 7, 2007 and retired on May 1, 2009, and again retired on October 20, 2014 when working in the said workplace from December 1, 2009.
B. The wages paid by the Defendant to the Plaintiff from July 21, 2014 to July 31, 2014 are KRW 993,548; KRW 2,80,000 for the monthly wages from August 2014; KRW 1,300,00 for the monthly wages from September 2014; and KRW 2,80,000 for the wages from October 1, 2014 to October 20, 2014 for the retirement date.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the average daily wage of 85,799.43 won (=the average wage of 85,79.43 won per day from July 21, 2014 to October 20, 2014; KRW 7,893,548 won/92 in total for three months from October 21, 2014; and the smallest number of employees; and the Plaintiff has worked for four years and ten months from December 1, 2009 to October 20, 2014; barring special circumstances, the Defendant is obligated to pay the Plaintiff a retirement allowance of less than KRW 12,581,956 [the average wage of 85,79.43 won per day x 30 days x (the average wage of 85,79.43 won per day x 30 days x 20/365 days / 10, 294, 194) and
In relation to the calculation of the amount of retirement allowance, the Defendant asserts that ① in calculating the daily average wage, the Defendant shall deduct the amount paid by the Defendant from the wages for the preceding three months, four insurance premiums paid by the Defendant, and the food expenses paid by the Plaintiff, and ② The Plaintiff’s absence from office, dismissal, and early retirement, which led to the Plaintiff’s failure to work as such, should not be included in the number of years of continuous work in calculating the amount of retirement allowance. As such, the amount of total wages, which are the basis for calculating the amount of average wage, is all money and valuables paid by the employer to the employee as the object of his work.