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(영문) 서울서부지방법원 2017.05.25 2016나33039
임금
Text

1. Of the judgment of the court of first instance, the part concerning Appointor D shall be modified as follows:

The defendant 4,063. 4,063.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the second-class 7 through 20, the last-class 7, and the second-class 20 through 11 of the first-class 7 of the first-class 7 of the first-class 7 of the judgment, and the reasoning of the first-class 7 of the judgment is the same as that of the first-class 7 of the first-class 7. Thus, it is citing

2. Parts in height:

D. 1 Determination on the amount of retirement pay ) When indicating both the Plaintiff and the designated parties (hereinafter referred to as “Plaintiff, etc.”).

As seen earlier, the Defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the Plaintiff, etc., on the grounds that the Defendant, as an employee who provided labor to the Defendant in a subordinate relationship for the purpose of this wage, has been retired from his/her service for more than one year. In such a case, “average wage” under the Labor Standards Act and the Enforcement Decree of the Labor Standards Act, which serve as the basis for retirement allowances to be paid by the Defendant, means the

However, even if the average wage was calculated in accordance with the above principle, there was a change in the amount of wage due to the special and incidental circumstances for a certain period of time for retirement of an employee, and therefore, in exceptional cases where it is deemed that the average wage calculated as above is significantly less or more than ordinary cases when comprehensively assessing all the circumstances, including the entire period of work, the period of time during which the amount of wage changes, the degree of change in the amount of wage, etc., the calculation of the retirement allowance based on such principle is not permissible in light of the spirit of the Labor Standards Act that intends to calculate the retirement allowance based on the ordinary standard of living wage of the employee, so it is reasonable and reasonable to reflect the ordinary standard of living wage of the employee in a reasonable and reasonable way.

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