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(영문) 서울남부지방법원 2018.02.23 2016가단262639
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,835,170 as well as 20% per annum from October 15, 2015 to the day of full payment.

Reasons

(b) the facts of the basis;

A. On March 2, 2009, the Plaintiff joined the Defendant, which is a company engaged in the automobile monitoring business, etc., and retired on September 30, 2015.

B. The defendant's rules of employment include the following contents.

Article 48 (Reward) Time of payment: Gu affairs, April, June, August, August, 8, and persons eligible for payment of stone in the year: Persons who participated in the previous year.

Provided, That in the case of a middle-aged employee, it shall be calculated for the number of members prior to the end of the month prior to the payment date.

Criteria for payment: 600%, payment rate: 100%*6 times, cash payment method: The retirement age of employees under Article 50 (Retirement Age) shall be the last day of the year in which they reach 57 years of age.

C. At the time of entry, the Plaintiff entered into an oral employment contract without preparing a written employment contract, and was granted a position as an “executive director” and performed personnel labor management duties, such as labor union management.

The representative director and non-standing auditor who are the defendant's executive officers have received the bonus of 600% of the basic salary determined by the resolution of the general meeting of shareholders in accordance with the articles of incorporation. In the case of the commissioned (fixed-term), 200% to 400% of the basic salary according to the individual employment contract, and in the case of the other regular employees, 600% of the basic salary according to the rules of employment have been paid.

E. The Plaintiff entered as an executive in the salary specification, and was not paid any bonus after his/her entry, and was paid a bonus of 100% of each basic salary (total of 2.5 million won per month) on the snow and tin (total of 2.5 million won per month) since 2011, and was paid KRW 19 million as retirement allowance upon his/her retirement.

【Fact-finding without a dispute over the basis of recognition, Gap's evidence 1, 2, Eul's evidence 1, Eul's evidence 2-1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is an employee who entered into an employment contract without a fixed period of time, and thus, the Plaintiff has received a bonus of 600% per annum pursuant to the rules of employment, but only some of them have been paid.

Therefore, the defendant has not completed the extinctive prescription on December 2013.

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