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The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s KRW 14,417,902 and its amount from September 15, 2018 to July 21, 2020.
Reasons
1. Determination on the main claim
A. From May 27, 2013 to August 31, 2018, the Plaintiff’s gist of the Plaintiff’s assertion retired from office at a mutual travel company (hereinafter “instant company”) with “C” operated by the Defendant. The Defendant, an employer, is obligated to pay the Plaintiff, who is an employee, a retirement allowance of KRW 14,431,089 for the said period of employment, as well as damages for delay.
B. Relevant legal principles 1) Even in cases where a person is employed as a temporary employee and has been employed as a regular employee during the middle and has been employed without any blank period, if there is a change in the form of employment (occupational or occupational category) during the continuous service period, the total period of service as a temporary employee and the period of service as a regular employee should be deemed as the number of continuous employment years, which serve as the basis for the calculation of retirement allowances (see, e.g., Supreme Court Decision 93Da26168, Jul. 11, 1995). 2) The term “wages” means wages, salary and any other money or valuables, regardless of their titles, which the employer pays to the employee as remuneration for work (Article 2(1)5 of the Labor Standards Act); “average wage” means the amount calculated by dividing the total amount of wages paid to that employee for three months prior to the date on which a cause for calculating the amount of
(Article 2(1)6 of the Labor Standards Act. On the other hand, the retirement allowance system under the Guarantee of Workers' Retirement Benefits Act has the nature of post-paid wages, in essence, in a case where a worker continues to work for a period of not less than one year and retires, the employer has accumulated a part of wages for the provision of his/her labor without paying the part of wages, and where a worker retires from office with the basic financial resources
(See Supreme Court Decision 2004Da8333 Decided March 30, 2007, etc.). C.
The facts below the recognition 1 of the judgment on the cause of the claim are disputed between the parties.