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(영문) 울산지방법원 2015.12.16 2015나595
임금 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Determination on a retirement allowance claim

A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 3.

(1) The Plaintiff is a person who was employed on March 26, 2013 and worked for C Co., Ltd. (hereinafter “Non-Party Company”) and retired on July 31, 2014.

(2) The Plaintiff’s salary of KRW 2,375,00,000 from Nonparty Company on May 2014, the same year

6. 3,00,000 won as benefits, and the same year.

7.The benefits received KRW 3,350,000, respectively.

(3) The Defendant, as an operator of the non-party company, concurrently assumed the retirement allowance obligation owed by the sub-committee company to the Plaintiff.

B. On May 2014, the Plaintiff’s assertion by the parties and its determination (1) as to the Plaintiff’s assertion, including a majority of the days of leave, has significantly decreased the benefits, this part of the benefits shall not be included in the average wage, which serves as the basis for calculating the retirement benefits, and on June 20

7. The Defendant asserts that the average wage should be calculated solely on the basis of the benefits, and that the average wage should be calculated, including all of the benefits for three months from May 2014 to July of the same year.

However, in exceptional cases where it is deemed that the average wage calculated as above is significantly less or more reasonable than ordinary cases when comprehensively evaluating all the circumstances, including the entire period of work, the period of the change in the amount of wages, the degree of changes in the amount of wages, etc. of workers, the average wage calculated as above, should be separately calculated in a reasonable and reasonable manner that can reflect the ordinary living wage of workers conscientiously, in contrast to the principles stipulated in the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, but the average wage of workers is more than ordinary cases as above.

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