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1. The Defendant shall pay to the Plaintiff KRW 31,290,360 as well as 20% per annum from June 15, 2016 to the day of full payment.
Reasons
1. The assertion;
A. Plaintiff’s assertion 1) From September 1, 2006 to May 31, 2016, the Plaintiff was employed by the Defendant and worked for the Defendant. However, the Defendant did not pay to the Plaintiff the sum of KRW 6,192,720, retirement allowances of KRW 13,695,00, bonuses of KRW 27,031,00,000, annual rent of KRW 6,185,420, and annual rent of KRW 53,104,140. 2) The Plaintiff did not pay the Plaintiff the unpaid wages of KRW 5,523,540 (excluding June 1, 2013 to September 2013), retirement allowances of KRW 13,695,00, bonuses of KRW 21,439,00 (excluding the annual bonus of KRW 2013 and the annual bonus of KRW 27,184,239,298,208.
B. The Defendant’s assertion 1) The settlement of accounts was completed pursuant to the settlement agreement after retirement. The Plaintiff was recommended on April 26, 2016 due to the indecent act against female employees, which was around March 2016. At that time, the Plaintiff entered into a settlement agreement with the Defendant on the entire amount of the retirement allowances, unpaid wages and allowances and received the settlement agreement. 2) Even if the settlement agreement with the Plaintiff is not acknowledged, the Defendant entered into a comprehensive wage system at the time of concluding the annual salary contract with the Plaintiff, and thus, the Defendant was replaced by the provision on payment of the regular bonus after the resolution of the board of directors on January 9, 2012, and both employees, including the Plaintiff, were replaced by the provision on payment of the annual salary and the provision on payment of the regular bonus site thereafter. Therefore, there is no obligation to pay bonuses or annual allowances.
2. Determination
A. According to the Plaintiff’s evidence No. 1 regarding the claim for retirement benefits, the Defendant may acknowledge that the Defendant did not pay KRW 13,695,000 for the period from June 1, 2013 to May 31, 2016.
However, according to the evidence Nos. 2, 3, and 4, the Plaintiff retired on April 27, 2016 upon receipt of a notice of recommending resignation from the Defendant, and on June 10, 2016, the retirement income tax of KRW 11,040,000 during the above-mentioned period, and retirement allowance of KRW 22,080,00 during retirement allowance.