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(영문) 서울중앙지방법원 2014.07.08 2013가단324547
퇴직금 및 법정수당
Text

1. The Defendant shall pay to the Plaintiff KRW 20,431,405 and the interest rate of KRW 20% per annum from December 18, 2013 to the day of full payment.

Reasons

1. Basic facts

A. (1) The relationship between the parties (1) The defendant company is a company established by converting D, which was operated as an individual company by the representative director C, into a corporation on September 1, 2003, and employs 5-7 full-time workers, and operates a public notice institute business, publishing business, etc. for certified public accountants and certified tax accountants.

(2) The Plaintiff retired while serving in D from November 1, 1992 to August 31, 2003, and retired from office on September 1, 2003 after being notified of dismissal on September 30, 2013 while serving as a registration director and a vice-president of the Defendant company.

B. The Plaintiff’s form of work and working hours (1) worked for the Defendant Company from 10:0 to 19:00 on ordinary day, and from 10:0 to 15:00 on Saturdays.

(2) The Plaintiff used respectively six days in 2010 and 201, three days in 2012, and two days in 2013.

(3) From July 1, 2011 to October 31, 2011, the Labor Standards Act, the Plaintiff’s content of which is five (40 hours a week), the hours worked on Saturdays for 224 hours in total (8 hours per month x 28 months, and 80 hours from January 1, 2013 to October 31, 201).

(3) The Plaintiff’s work hours of more than 40 hours a week on Pyeongtaek and Sundays are 53-day hours in total, including 22-day hours from October 7, 201 to March 31, 2012, and 31 October 31, 2013, which is the retirement date, from April 1, 201 to October 31, 201, 204 hours, including 31 days (248 hours).

(3) The Plaintiff’s payment of wages from the Defendant Company from August 2010 to September 2, 2013 is KRW 4,550,000 per month.

[Ground of recognition] Facts without dispute, Gap 2, 9, 14 evidence, the purport of the whole pleadings

2. The parties' assertion

A. As the Plaintiff constitutes an employee subject to the Labor Standards Act, the Defendant Company constitutes the Plaintiff’s annual leave from 2010 to 2013, 9.1 million won (60 days) with respect to the Plaintiff’s annual leave from unused year from 2010 to 2013, including the premium pay, and the period from July 1, 201 to the retirement day.

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