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(영문) 대전지방법원천안지원 2017.12.21 2016가단105653
퇴직금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 43,631,527 and a rate of KRW 20% per annum from May 19, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Defendant is operating a private teaching institute under the trade name of “D Teaching Institutes” in Asia-si.

B. The Plaintiff entered into an employment contract with the Defendant, and retired from office from office from October 26, 1998 to May 4, 2016.

C. The Plaintiff filed a complaint against the Defendant on the violation of the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits on the grounds of holiday work allowance, annual unused allowance, and unpaid retirement allowance. The Defendant filed a summary order of KRW 5,00,000 with the Daejeon District Court’s Branch on June 9, 2017, on the ground that “the Plaintiff did not pay the Plaintiff KRW 3,074,106 in total annual allowance and KRW 41,815,839 in total within 2013 through 2016” as criminal facts constituting a violation of the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits, and filed a request for formal trial on the grounds of objection.

(2017 fixed-term 439). 【Ground for Recognition】 A without any dispute, entry in Gap evidence 6 and 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was to receive KRW 3,500,00 from the Defendant as monthly salary from January 2016, and the Defendant unilaterally reduced monthly salary from January 2016 and paid KRW 2,50,000 per month. As such, the Defendant is obligated to pay KRW 4,466,67 in total for the period from January 201 to May 4, 2016, the amount of unpaid holiday pay KRW 11,042,460 in total, and unpaid annual holiday pay KRW 2,58,70 in total, and retirement pay KRW 63,72,230 in total, during the period from January 2016 to May 4, 2016.

In addition, the defendant is obligated to use the loan of 50,000,000 won in the name of E company A and fails to pay it. The defendant is obligated to pay the National Pension of 426,940 won and the total of 745,070 won due to the failure of the plaintiff to discontinue the business registration of E.

B. The Defendant’s assertion that the Plaintiff joined the Korea Research Institute around October 1998 and worked until December 31, 2007.

Retirement and January 1, 2008.

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