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1. The Defendant shall pay to the Plaintiff KRW 60,200,185 as well as 20% per annum from April 15, 2011 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Defendant Company is a Korean subsidiary established by 100% investment by the headquarters of Finland C with the headquarters of a foreign corporation located in the 70th century in the entire world, and imports and exports of vessel engines. The Plaintiff works as the Defendant Company between November 1, 2005 and March 17, 201, and entered into a labor contract with CSwitzerland on December 15, 201, and works as CSwitzerland from April 1, 201 to April 1, 201.
B. On August 24, 2017, the Plaintiff filed a petition against the representative of the Defendant Company to the Busan Regional Employment and Labor Office, Busan Regional Employment and Labor Office, but the Busan Regional Employment and Labor Office concluded the instant case on the ground that the statute of limitations expires after five years elapsed from the date of retirement, even though the Defendant Company did not pay KRW 60,200,186 of retirement allowance within 14 days from March 17, 201, when the Plaintiff retired from the Defendant Company, on the ground that the statute of limitations expired, counting from the date when 14 days elapsed from the date of retirement.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 11, 14, Eul evidence Nos. 2-1, 2, Eul evidence Nos. 3, 5, and 6, the result of the commission of document delivery to the Administrator of the Busan Regional Employment and Labor Agency, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant company is obligated to pay retirement allowance of KRW 60,200,186 to the plaintiff, except in special circumstances.
B. The defendant's assertion 1) The defendant company first asserts that the defendant company is not obligated to pay retirement allowances to the plaintiff, since the foreign workers under the rules of employment of the defendant company are excluded from the application of the rules of employment.
B. According to the above evidence and Eul evidence No. 1, the rules of employment of the defendant company shall continue to be more than one year.