(영문) 부산지방법원 2015.12.17 2015나4105 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.12.17 2015나4105

임금

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. The judgment on the cause of the claim is based on the fact that the defendant is a person who operates the clothing manufacturer under the trade name of "E" in Busan Metropolitan Government Da, the plaintiffs are employed by the defendant, the plaintiff A is from December 16, 2011 to April 30, 201, the plaintiff B retires from the defendant while in charge of the singing, etc. from May 4, 2012 to March 31, 2014, the plaintiff B was not paid the wages and retirement allowances of 4,949,000 won, the plaintiff A was not paid the wages and retirement allowances of 5,819,00 won, and the defendant was not paid the wages and retirement allowances of 5 workers including the plaintiffs, and the defendant did not pay wages and retirement allowances to 300,000 won from the Busan District Court to October 7, 2014 to the defendant, and the purport of the summary order of Gap's entire evidence and retirement allowances of 21,213.

Thus, the defendant is obligated to pay the plaintiff A wages and retirement allowances of KRW 4,949,00 and damages for delay calculated at the rate of 20% per annum from May 15, 2014 to the date of full payment, and from April 15, 2014 to the date of full payment, the wages and retirement allowances of KRW 5,819,00 and damages for delay calculated at the rate of 20% per annum from April 15, 2014 to the date of full payment.

2. The defendant's argument that the defendant's payment of retirement allowances cannot be made because the plaintiffs voluntarily agreed with the defendant that they would not receive retirement allowances. However, the amount of retirement allowances is equivalent to the nature of the later-paid wage paid to the retired worker who has continued to work for a certain period of time, and the specific right to claim retirement allowances is a requirement that the retirement is terminated, and it is mandatory to give up the right to claim retirement allowances, which occurs at the time of the final retirement, in advance, or to not file a civil lawsuit against it.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-인천지방법원 2013.10.18 2012가합17581

-대법원 1998. 3. 27. 선고 97다49732 판결

-창원지방법원 2015.11.24 2014나12991

-서울중앙지방법원 2018.08.17 2017가합536376

-인천지방법원 2015.10.16 2014가단202942