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(영문) 의정부지방법원 2016.05.20 2015가단107519
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,790,347 as well as KRW 5,414,383 as to the amount of KRW 5,414,383 from March 31, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff worked for the Defendant from May 1, 201 to July 21, 2014.

B. On December 25, 2013, the Plaintiff, while driving a cream at the Defendant’s place of business and transporting the cream, was faced with an accident where the cream in which the cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream cream c

C. Matters related to the Guarantee of Workers' Retirement Benefits, the Enforcement Decree of the same Act, and the defendant's rules of employment are as follows:

[Guarantee of Workers' Retirement Benefits] (2) Notwithstanding the provisions of Article 8 (1), an employer may settle accounts of retirement allowances for the period of continuous employment of the relevant worker before his/her retirement and pay it to the worker, if the worker so requests due to reasons prescribed by Presidential Decree, such as purchase of housing.

In such cases, the continuous service period for the calculation of retirement allowances after the previous settlement of accounts shall be newly calculated from the settlement of accounts.

[Enforcement Decree of the Guarantee of Workers' Retirement Benefits] Article 3 (Grounds for Interim Settlement of Retirement Allowances) (1) "Grounds prescribed by Presidential Decree, such as housing purchase" in the former part of Article 8 (2) of the Act means any of the following cases:

3. Where a worker bears the expenses for medical care for illness or injury of any of the following persons, which requires at least six months of medical care:

(a) Workers themselves;

(b) Spouse of the worker;

(c) Articles 63 (Rules of Employment of Defendant) and 63 (Retirement Allowance, etc.) (2) of the Act on the Guarantee of Workers' Retirement Benefits for the period in which an employee has continuously worked for not less than one year is limited to the interim settlement of accounts of retirement allowances under the Act on the Guarantee of Workers' Retirement Benefits, but where

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