logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.19 2015가단5371863
퇴직금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Company is a corporation that issues C, weekly D, weekly E, etc., a daily economic newspaper.

On July 1, 1988, the Plaintiff joined the Defendant Company as an occupation of a reporter and retired from the retirement age on September 30, 2015.

B. While working as a reporter of the D Editor, the Plaintiff from December 1, 201, served as C’s E editing unit.

C. The Plaintiff received KRW 1,00,000 per month from the Defendant Company as the expense for coverage support prior to the work as the reporter of the above Editorial book.

The plaintiff was paid with coverage support costs of KRW 700,000 per month until he/she retired at his/her retirement, while working as the E editing department.

On October 16, 2015, the Plaintiff sent to the Defendant a certificate of content demanding payment of KRW 13,200,000 (44 months x 300,000) in total, which was paid from December 1, 2011 to September 2015.

[Reasons for Recognition] Evidence Nos. 1 to 4, Evidence No. 1 to 1, and the purport of the whole pleadings

2. The Plaintiff’s cause of the Plaintiff’s claim sought payment of KRW 13,200,00 for unpaid coverage costs and KRW 51,377,575 for unpaid retirement allowances calculated as follows.

When calculating retirement allowances, the average wage omitted total of KRW 1,150,000,000 per month, meal expenses, and physical training expenses, and KRW 1,50,000 per month.

The defendant applied the retirement allowance system only by the year of 1997, and calculated the plaintiff's retirement allowance by applying the fractional system from the year of 1998.

As the labor-management agreement was abolished in 2006, the retirement benefits shall be calculated on a short-term basis as the plaintiff has already acquired the right under the retirement benefits system.

3. The plaintiff's assertion and judgment

A. 1 Plaintiff’s assertion of news coverage subsidization costs 1 paid KRW 700,000 to an internal reporter and KRW 1 million to an external reporter.

Although the Plaintiff was an external reporter, the Defendant Company paid KRW 700,000 by reducing KRW 300,000 from December 1, 2011 to KRW 700,000 without good cause.

The amount of unpaid coverage subsidies shall be KRW 300,000 per month plus KRW 13,200.

arrow