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(영문) 수원지방법원 2018.07.05 2017나73112
퇴직금 등
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuit, damages for delay shall be claimed until January 6, 2017.

Reasons

(a)Article 29 (Weekly Holidays) is to be paid on a weekly holiday;

Provided, That a person who does not open a place between the former owners shall be unpaid.

Article 31 (Annual Paid Leave) (1) An employer shall grant an employee who has worked not less than 80 percent of one year a paid leave of 15 days.

A worker under a year of less than one year shall be granted one day’s paid leave per month during the beginning of each month.

(2) For a person who has served for not less than two years, a leave shall be granted in addition to the number of days of leave under the preceding Article for each year of continuous service exceeding one year.

(3) Where the total number of days of leave exceeds 20 days, ordinary wages shall be paid for the excess days, and paid leave need not be granted.

Article 44 (wages) (1) Wages shall be classified into basic amounts and various allowances, and they shall be classified into the monthly salary system and the daily salary system.

(2) The wages, retirement allowances, and accident compensations for the last three months of employees shall be paid in preference to any claims.

Article 46 (Overtime Holiday Work Allowance) Workers' overtime work and night work * Duty, in compliance with the Labor Standards Act and as separately prescribed.

Article 3 of the Addenda: Provided, That the contractor for an annual salary shall be subject to a separate agreement on the "working hours" and "wages".

The Plaintiff received KRW 3,00,000 per month from January 201 to March 2011 as wages from the Defendant, and KRW 3,200,00 per month from April 201 to March 2015.

On January 2, 2016, the Plaintiff retired from office on the expiration of the term of employment contract.

E. The details that the Plaintiff did not use the annual leave from January 201 to December 2014, and the annual leave paid by the Defendant are as follows.

The fact that there is no dispute over KRW 583,712,00 in total of KRW 15,960,000 in the annual allowance paid by the Defendant for 150 150 150 150 14,000 14,000 15 14,000 15 14,000 20 2014 896,000 146,000 20 2014 16 24,000 583,712,00 / [based] 1,3,4,14,14,80 / annual leave / annual leave / annual leave / annual leave / annual leave / annual leave / 2,4,80 / annual leave / annual leave / 2,4,9 (including number / annual leave ; hereinafter the same shall apply)

2. This Court.

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