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The defendant's KRW 81,96,073 to the plaintiff and its 6% per annum from March 2, 2019 to November 11, 2020.
Reasons
Basic Facts
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 2 and 3, the Plaintiff may recognize the fact that the Plaintiff served as a doctor at a hospital affiliated with the Defendant from January 12, 2002 to February 28, 2019 and retires on March 1, 2019, and the Defendant paid KRW 20,72,778 under the pretext of retirement pay to the Plaintiff from January 1, 2019 to February 28, 2019, “from March 14, 2019,” as retirement pay to the Plaintiff from January 1, 2007 to February 28, 2019.
The plaintiff asserted that the defendant did not receive 82,256,593 won remaining after deducting 251,922,510 won of retirement allowances already paid and 20,772,278 won, even though he/she received 354,951,382 won of retirement allowances from the defendant from January 12, 2002 to March 1, 2019.
As to this, the Defendant paid the retirement allowance from January 12, 2002 to December 31, 2005 by interim settlement each year, and the retirement allowance from January 1, 2006 to February 28, 2019 was paid in entirety on March 14, 2019 and November 29, 2019, and thus, the Plaintiff cannot accept the Plaintiff’s request.
Judgment
In a case where the employer and the employee agreed to pay in advance a certain amount of money as retirement allowance along with a monthly or daily payment for each month, such agreement is null and void in violation of each of the above provisions, which are mandatory provisions, as it waives the right to claim a retirement allowance accrued at the time of the final retirement in advance, unless it is acknowledged as an interim settlement of the retirement allowance under Article 34(3) of the former Labor Standards Act (amended by Act No. 7379 of Jan. 27, 2005) or Article 8(2) of the Act on the Guarantee of Workers' Retirement Benefits. As a result, the employer paid in advance the amount in the name of the retirement allowance to the
Even if there is no effect as retirement allowance payment.
(see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 2010). In addition, each of the above provisions is stipulated.