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(영문) 대법원 2015.06.11 2014다87496
퇴직금 등
Text

The judgment below

The part against the plaintiff is reversed, and that part of the case is remanded to the Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

Even if an average wage is calculated in accordance with the principle prescribed by the Labor Standards Act and the Enforcement Decree of the Labor Standards Act, there was a change in the amount of wages due to special and unexpected circumstances at the worker’s retirement for a certain period of time, and thus, in exceptional cases where it is deemed that the average wage calculated as such is considerably less or more than ordinary cases when comprehensively assessing all the circumstances, including the entire period of employment, the period of change in the amount of wages, the length of a certain period during which the amount of wages has been paid, the degree of change in the amount of wages, etc., the calculation of the amount of retirement pay based on such exceptional circumstances cannot be permitted in light of the spirit of the Labor Standards Act that intends to calculate the amount of retirement pay based on the worker’s ordinary

(2) In light of the reasoning of the lower judgment and the record, the Plaintiff was absent from office on October 23, 2009 to September 8, 2013, and was discharged from office on September 9, 2013 and September 13, 2013; the Plaintiff retired from office on September 14, 2013; the amount of wages paid for three months prior to the date of retirement by the Plaintiff was KRW 209Da9396, Jun. 14, 2013; the amount of wages paid for three months prior to the date of retirement by the Plaintiff during the period of 203 months from June 14, 2013 to June 30, 2013; and the amount of average wages paid for three months prior to the date of retirement by the Plaintiff during the period of 3 months from the date of retirement by KRW 45,988, 12, 134, and 196, respectively; and the amount of wages paid for three months prior to the date of retirement.

7.1.1. to 7.

7.12. Wages to 1,112,934.

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