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1. The defendant's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3. The appeal costs.
Reasons
1. Facts of recognition;
A. The Defendant operated a restaurant called “D” in Ansan-si, Ansan-si, and the Plaintiff was employed by the Defendant and served as the head of D’s cooking office from March 8, 2011 to April 17, 2013.
B. From February 1, 2013 to the 14th day of the same month, the Defendant suspended the business due to the construction work of remodeling D’s hot-water embankments into a sediment.
C. On March 16, 2012, the Defendant paid 3,000,000 won to the Plaintiff as interim settlement of retirement pay, and 5,000,000 won additionally when paying the amount of wages for April 2012. After the Plaintiff’s retirement, the Defendant paid 3,80,000 won as retirement pay on April 18, 2013.
The Defendant was sentenced to a judgment on September 30, 2014, which sentenced the Plaintiff to KRW 1,333,590 for unused annual leave allowances (13-day leave allowances), KRW 1,330,00 for business closure allowances (14-day retirement allowances), and KRW 401,730 for retirement allowances not paid within 14 days from the date of retirement without agreement on the extension of the payment date, and sentenced the Plaintiff to a fine of KRW 1,00,00 for criminal facts constituting an offense for which the Defendant did not pay KRW 1,33,590 for 1,330,000 for retirement allowances within 14 days from the date of retirement, and was sentenced to the dismissal of the appeal by the Suwon District Court as of September 11, 2015.
Accordingly, the defendant's appeal is currently pending in the Supreme Court Decision 2015Do15317.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 11, 12, 17, 19, and 20, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff did not receive annual leave allowance for 30 days during his employment from the Defendant. Thus, the Defendant did not receive annual leave allowance for 4,363,630 won (i.e., Plaintiff’s monthly leave allowance of 3,80,000 ± 209 x 8 x 30 days) and damages for delay. (ii) The Plaintiff was not paid KRW 1,330,000 during the period of suspension from February 1, 2013 to April 14 of the same month.
3) The Plaintiff was not paid KRW 401,730 among retirement allowances. B. The Defendant’s assertion 1) annual leave allowances and the Defendant.