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(영문) 서울남부지방법원 2019.11.29 2019나53608
임금(퇴직위로금 등)
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff, as a medical specialist in the family department, worked at C Council members affiliated with the Defendant’s Chungcheongbuk Branch from June 26, 2017 to March 2, 2018.

B. On June 26, 2017, the Plaintiff entered into an employment contract and employment conditions agreement with the Defendant during the contract period from June 26, 2017 to August 31, 2017 (hereinafter “instant employment contract”). The wage and retirement allowance provisions of the instant employment contract are as follows.

Article 3 (Annual Salaries for 12 months) (1) Annual salaries shall be as follows:

- Basic salary: 39,024,000 won per year - Medical allowance: 30,885,880 won per year - Special subsidy: 51,890,120 won per year. (2) The method of payment shall be the amount calculated by dividing the annual salary in 1/12 by 1/12, through a bank account designated by the Plaintiff on the 20th (where unavoidable, possible on the date of payment) of each month.

When a person has served for at least one year under Article 5 (Retirement Allowances), an amount equivalent to 1/12 of the annual salary shall be paid as retirement allowances separately from the annual salary.

Article 6 (Deduction of Workers’ Income Tax, etc.) (1) Statutory tax, such as wage and insurance premium, shall be deducted from monthly remuneration paid.

Retirement allowances equivalent to 1/12 of the annual salary at the time of retirement of KRW 8,154,170 in the benefits of Article 5 (Benefits) of the Agreement shall be paid separately, and retirement income tax shall be deducted.

C. The Plaintiff was paid 8,154,170 won monthly salary, excluding the total amount of 1,95,830 won, such as wage and salary income tax, health insurance, national pension, employment insurance premium, etc., at KRW 10,150,00, which was divided by 12-month salary, while working at C Council.

Article 17-2 of the Rules on the Appointment and Duties of the Defendant provides that “retirement allowances shall be paid in an amount equivalent to 1/12 for one year of service, and those whose period of service is less than one year shall not make an interim settlement because grounds for payment of retirement allowances arise, and only if they have worked for not less than one year, grounds for payment of retirement allowances shall arise.” The Plaintiff’s statement of calculation of annual salary shall be monthly.

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