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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s assertion is obligated to pay the Plaintiff the total of KRW 24,735,458, and KRW 4,00,000,00 for advance notice of dismissal, and KRW 4,295,89 for retirement pay, KRW 33,031,347, and delay damages.
B. Defendant’s assertion 1) A, the representative director of the Defendant Company, notified the Plaintiff of the pre-determination of dismissal on or around June 2012, and again notified the re-determination of dismissal on or around December 6, 2013, the Defendant is not obligated to pay 4 million won to the Plaintiff. (2) On or around April 15, 2015, the Plaintiff received 6,300,000 retirement pay, 4,050,920 out of the aforementioned unpaid wages from the Korea Workers’ Compensation and Welfare Service as substitute payment, and some of the Plaintiff’s wages and retirement allowances were paid.
3. Determination
A. According to the above recognition of the obligation to pay wages and retirement allowances, the Defendant is obligated to pay the Plaintiff unpaid wages of KRW 24,735,458 and retirement allowances of KRW 4,295,889 and delay damages therefrom, barring special circumstances.
B. Article 26 of the Labor Standards Act provides, “Where an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and where an employer fails to give an advance notice 30 days prior to the dismissal, he/she shall pay an ordinary wage for at least 30 days.” Article 26 of the Labor Standards Act provides that where an employer dismisses a worker, he/she shall give an advance notice at least 30 days prior to the dismissal, and where he/she fails to give an advance notice 30 days prior to the dismissal, he/she shall give an employee an opportunity or economic time to seek a new job in preparation for dismissal. Thus, the employer’s advance notice of dismissal is set at a certain time.