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(영문) 서울동부지방법원 2016.05.26 2015가합105870
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with 241,190.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. From February 1, 2002 to February 28, 2015, the Defendant was paid benefits of KRW 10,450,000 each month from March 1, 2013 to February 28, 2015, while serving as a psychotropic spirit and doctor at Echeon-si Hospital (hereinafter “Plaintiff Hospital”) operated by the Plaintiff.

B. The respective relevant provisions of the employment contract and the rules of employment of the Plaintiff hospital are as follows, respectively, written between the Plaintiff and the Defendant on February 1, 2002 and March 1, 2013.

The employment contract of February 1, 2002

2. Treatment and conditions; annual salary (including retirement allowances); 120,000,000 won monthly salary; 10,000,000 won;

(a) An annual salary shall be paid in 12 months in installments, but the taxes and public charges shall be paid at the principal cost;

3. Term of office;

(a) the term of the contract shall be one year from the date of the contract, and shall be renewed in the case of continuous service;

The employment contract of March 1, 2013

2. Treatment and conditions; annual salary, 174,000,000 won; and 14,500,000 won.

(a) An annual salary shall be paid in 12 months in installments, but the taxes and public charges shall be paid at the principal cost;

3. Term of office;

(a) The term of the contract shall be from March 1, 2013 to February 29, 2014 (one year);

When an employee of a hospital under Article 74 (Retirement Allowance) of the Rules of Employment has worked for not less than one year and has retired, a retirement allowance of 30 days of average wages for each year of continuous service shall be paid for each year.

Provided, That this shall not apply where the number of years of continuous service is less than one year.

1. The calculation of retirement allowances shall be added from the date of entry, and the continuous service period of less than one year exceeding one year, shall be calculated on a daily basis in proportion to the period of continuous service;

2. Determinations at the time of application with respect to the amendment of the Act and its Enforcement Decree shall be as at the time of implementation of the Act and its Enforcement Decree.

Article 75 (Liquidation of Money and Valuables) Hospital shall pay wages, compensations, and all other money and valuables within fourteen days from the time when the cause for such payment occurred when the worker dies or retires.

Provided, That three months shall be elapsed by an agreement between the parties in special circumstances.

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