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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Comprehensively taking account of the purport of the entire arguments as to the ground for claim No. 1’s written evidence, the Plaintiff is obligated to enter into an employment contract with the Defendant and provide labor to the Defendant during the period from June 14, 2014 to August 3, 2016, and the Plaintiff’s retirement allowance was 7,964,382, and the Plaintiff’s retirement allowance was 7,964,382. Thus, barring any special circumstance, the Defendant is obligated to pay damages for delay at a rate of 20% per annum as stipulated in the Labor Standards Act from August 18, 2016 to the date of full payment, which is 14 days after the Defendant’s retirement date.
2. The defendant's argument on the defendant's assertion that since the monthly salary paid to the plaintiff includes the money in the name of retirement allowance, the plaintiff shall return that amount to the defendant as unjust enrichment, and the defendant asserts that it offsets the plaintiff's retirement allowance claim with unjust enrichment return
If an employer and an employee agreed to pay in advance a certain amount of money with a monthly or daily allowance paid by the employee (hereinafter “retirement allowance installment agreement”), such agreement is null and void in violation of Article 34 of the former Labor Standards Act (amended by Act No. 7379 of Jan. 27, 2005), as long as it is not acknowledged as an interim settlement of a retirement allowance under the main sentence of Article 34(3) of the former Labor Standards Act (amended by Act No. 7379 of Jan. 27, 2005). As a result, the employer paid in advance the amount in the name of a retirement allowance to the employee pursuant to the agreement on
There is no validity of retirement allowance payment.
However, the above agreement is valid if the retirement allowance is to be paid in advance separately from the monthly pay or daily pay in accordance with the retirement allowance division agreement while the employment relationship is in progress, and it is based on the above reasons.