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(영문) 서울중앙지방법원 2015.04.02 2014가합24599
퇴직금등
Text

1. The Defendant’s KRW 23,812,99 among the Plaintiff and KRW 22,00,498 among the Plaintiff, shall be KRW 1,812,501 from September 30, 2013.

Reasons

1. Basic facts

A. On June 15, 1989, the Defendant was a corporation established independently from the Federation of Passenger Transport Business (hereinafter “Federation”) on a separate basis, and is performing mutual aid affairs from February 1, 1993 to the said Federation.

B. On September 1, 1983, the Plaintiff joined the taxi federation and worked at the affiliated individual branch of the tax association in Chungcheongnam-gu. The Plaintiff worked as an employee of the Defendant from February 1, 1993 when the Defendant transferred the mutual aid business of the taxi federation.

C. Around March 8, 1993, the Plaintiff submitted to the taxi federation a resignation letter stating that he will resign as of January 31, 1993. On or around April 9, 1993, the taxi federation shall deduct 19,125,093 as retirement allowances for September 1, 1983, the Plaintiff’s membership date, from September 1, 1983 to January 31, 1993, the day before the change under the Defendant’s jurisdiction (i.e., average monthly wages 1,392,942 x 13.73 x the rate of the payment of retirement allowances x the amount calculated by multiplying the monthly average wage by the rate of the payment of retirement allowances (i.e., the monthly wage 278,120 won, resident tax 20,850 won, 21,2080 won, 307,371,3708,3709,379,2709).

The retirement pay is referred to as the "first retirement pay".

(D) On the other hand, on April 7, 1999, the Defendant amended the wage rules to the effect that the operating committee composed of the president of the branch of the Defendant’s City/Do branch changes the rate of payment of retirement allowances to a fractional one, and decided to enforce the same date. E) On November 16, 1999, the Defendant calculated the payment rate of retirement allowances for the Plaintiff from February 1, 1993 to April 6, 1999 as revised wage of 26,695,550 won (i.e., monthly average wage of 2,86,06 x 06 x 9.25 x 2,360 won of income tax, resident tax, resident tax, resident tax, 230, 289, 7089, 3086 won.

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