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(영문) 서울남부지방법원 2018.11.09 2018나1143
퇴직금
Text

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. Basic facts

A. On November 1, 2008, the Plaintiff, under employment of the Defendant engaged in the business of manufacturing metal products and structures for structural use, provided work for driving service, and retired on April 12, 2014.

B. On December 20, 2012, the Plaintiff received medical care and insurance benefits until April 11, 2014 in accordance with the Korea Workers’ Compensation and Welfare Service’s decision on medical care for industrial accident compensation insurance, due to an injury, such as the second balance of the number of units, the structural frame of the aggregate, etc., in the accident.

C. On October 30, 2008, the Plaintiff drafted an annual salary employment contract with the Defendant (hereinafter “instant employment contract”) with the following content.

1. Annual salary amount under a contract for total amount of wages (detailed): 1,750,000 won for monthly salary of 21,000,000 won (including bonuses, retirement allowances, and various allowances);

2. The annual allowance and ordinary wage 1) annual allowance and retirement allowance shall include annual salary amounts. 2) The allowance shall be paid as statutory allowance (such as extension, holidays, night work allowance, etc.) and other allowance for company appointment as included in the item.

3. Ordinary wages shall be the amount equivalent to 1/12 after the 12th portion of the amount obtained by deducting the tax amount from the monthly wage.

(c) Method of payment: it shall be the amount equivalent to 1/12 of each month after the amount obtained by deducting taxes from the total annual salary amount; and

4. Time of payment: The fifth day of the following month shall be paid after the closing of 30 (31st day) counting from the first day of each month.

5. Confidentiality: The salary specifications shall maintain confidentiality absolutely, and if they are violated, all disadvantages incurred thereby shall be borne.

(c) paid holidays: as provided in separate regulations;

7. Probationary matters: The area angle, early retirement, absence from office and disciplinary action shall be governed by separate regulations;

8. The term of the contract shall be deemed to have been terminated or automatically extended for one year between the parties concerned, if a new employment contract is not concluded on November 1, 2008 to October 31, 2009 (12 months) by the expiration date of the term of the employment contract;

1. The re-contract shall be renewed at least one month.

9. Not specified in an annual salary contract;

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