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(영문) 서울고등법원 2016.06.24 2015나27165
임금 및 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

[Claim]

Reasons

The reasons why the court should explain this case in this case are as follows: “Article 1 of the Addenda to Article 3 of the Act on the Guarantee of Workers’ Retirement Benefits and Article 8 of the Enforcement Decree of the Act on the Guarantee of Workers’ Retirement Benefits” (Article 8 of the Addenda to the Act on the Guarantee of Workers’ Retirement Benefits) ① Article 8 of the Addenda to the Act on the Guarantee of Workers’ Retirement Benefits (Article 7379 of the Act) (Article 1 of the Addenda to the Act on the Guarantee of Workers’ Retirement Benefits) (Article 7379 of the Addenda to the Act on the Guarantee of Workers’ Retirement Benefits) (Article 1 of the Addenda to the Act on the Guarantee

(2) Notwithstanding Articles 8 (1), 15, 20 (1), and 25 (2) 2, the amount of retirement benefits applicable to businesses employing not more than four workers, the amount of benefits under a defined benefit plan, a defined contribution plan, and the amount of employer contributions under an individual retirement pension plan pursuant to the amended provisions of Article 25 shall be determined as follows:

1. The amount of retirement benefits for the period from December 1, 2010 to December 31, 2012, the amount of benefits under a defined benefit plan, the defined contribution plan, and the amount of employer contributions under an individual retirement pension plan pursuant to the amended provisions of Article 25: At least 50/100 of the level prescribed by the amended provisions of Articles 8 (1), 15, 20 (1), and 25 (2) 2;

2. The amount of retirement pay for the period after January 1, 2013, the amount of wages under a defined benefit plan, the defined contribution plan, and the amount of employer’s contribution under an individual retirement pension plan under Article 25: The amount of contribution under the amended provisions of Articles 8(1), 15, 20(1), and 25(2)2 shall be used as the level prescribed by the amended provisions of Article 8(1), Article 20(1), and Article 25(2)2, and the judgment on the Defendant’s argument is as stated in the reasoning of the judgment of the first instance, except for the addition of the determination on the Defendant’s argument to paragraph (2)

On the defendant's argument of the trial.

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