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(영문) 서울중앙지방법원 2018.04.26 2017가단5153120
퇴직금 등 청구의 소
Text

1. The defendant,

A. Plaintiff A: KRW 1,05,200, KRW 1,556,894, KRW 560,658, and KRW 756 to Plaintiff B.

Reasons

1. Basic facts

A. The Defendant is a company that conducts reading education business, such as lending children’s books, and the Plaintiffs are working for the duties of the head of the Defendant’s headquarters, etc.

In this case, the retired employee did not dispute the plaintiffs' worker status.

(c) b)

On or before January 1, 2014, N et al. filed a lawsuit against the Defendant seeking payment of retirement allowances, etc. while serving as the head of the Defendant’s headquarters, etc., and the lawsuit was disputed as to whether the employee was a worker. However, after N et al. was converted into “the head of the regional headquarters, director-general, team leader,” or a position corresponding thereto (the period during which N et al. worked as the commissioned contractor after the conclusion of the commissioned contract), the court sentenced the Seoul High Court to order the payment of unpaid retirement allowances, etc. (Seoul High Court Decision 2015Na201478, 2015Na2051485) and this ruling was finalized around April 2017.

(hereinafter referred to as “related litigation”). (c)

On September 29, 2017, after the filing of the instant lawsuit, the Defendant calculated the Plaintiffs’ retirement allowance and annual paid leave allowance as shown in attached Form 3 in accordance with the calculation method as stated in the final and conclusive judgment of the relevant lawsuit, and withheld income tax and remitted the money calculated as the remainder amount and delay damages to the Plaintiffs, respectively.

On the other hand, from January 1, 2014, the allowances system for on-site managers, such as the plaintiffs, were determined as follows.

From January to March 15 to April 10% of the paid-in allowance (payment in May) for sale in 12% from April 12, 12% of the product allowance rate for rental 12% after April 10, 300 - 30 days of the cost of the cost of the head office - the maintenance of the cost of the head office's sales team's sales team's sales team's sales team's replacement of the head office's sales team's sales team's sales team's sales team's sales team's sales team's sales team's sales team's sales team's 25,000 won of the cost of the head office.

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