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(영문) 서울중앙지방법원 2016.11.21 2016나26029
퇴직금 등 청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Facts of recognition;

A. On April 20, 1998, the Plaintiff joined the Defendant company for the purpose of the clothing manufacturing business, etc. and retired on October 17, 2014.

The period in which the plaintiff worked for the defendant company is 16 years and 28 months in total.

B. The monthly salary that the Plaintiff received at the time of retirement is governed by the monthly salary statement in February 2014, as sought by the Plaintiff.

The Plaintiff’s average wage for three months before the date of retirement (from July 17, 2014 to October 16, 2014) is 146,826 won (=total wage of 13,508,023 ± 92 days, and less than won; hereinafter the same shall apply). The Plaintiff’s ordinary wage at the time of retirement is 171,368 won (i.e., monthly wage of 4,47,00 won ± average weekly working hours of 209 hours including the weekly working hours of x 8 hours per day).

C. The Plaintiff was paid KRW 8,718,597 as retirement allowance at the time of retirement.

The annual paid leave allowances for the number of 20 days of annual paid leave, annual paid leave allowances for 205 days of annual paid leave, annual paid leave allowances for 30 days of annual paid leave, annual paid leave allowances for 20 days of annual paid leave (i.e., the period of annual paid leave on April 20, 2013;ii) average wage for the year in which the annual paid leave period falls (i.e., the daily ordinary wage on April 20, 201), (i., the daily average wage on April 20, 2014), x 306 monthly paid leave allowances for 204.45 days of annual paid leave x 206.45 days of annual paid leave x 204.45 days of annual paid leave x 16.45 days of annual paid leave x 205 days of annual paid leave x 205 days of annual paid leave : 16, 2024 won x 16.25 days of annual paid.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9 respectively.

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