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(영문) 전주지방법원 군산지원 2017.01.26 2016가합12283

퇴직위로금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation established for the purpose of developing the commerce and industry by representing the commerce and industry of the mountain area and providing members with technology and information, etc. to enhance their economic and social status.

On June 1, 1999, the Plaintiff joined the Defendant B and served as C (three years of office) from April 1, 2012, and retired on April 1, 2015.

B. Article 29 (Retirement Allowance) of the Defendant’s Wage Regulations provides that “The retirement allowance of an employee shall be paid to a person who has served in the workplace for at least one year when the employee retires (Paragraph 1), and the retirement allowance of C shall be paid by a resolution of the Standing Council (Paragraph 3).” Article 30 (Payment Rate) provides that “The retirement allowance of an employee shall be the amount calculated by multiplying the average wage as determined by the Labor Standards Act by the number of years of service; Provided, That an employee’s retirement allowance shall be calculated for less than one year among the years of continuous service (Paragraph 1); and C’s retirement allowance shall be the amount determined by the Standing Council, but shall not be calculated by the payment rate (Paragraph 2).”

On the other hand, according to the defendant's articles of incorporation, if the chairperson deems it necessary, or if a member of the standing committee demands the convocation with the consent of at least 1/3 of the incumbent members, stating the purpose and reason for the convocation, the chairperson shall convene a meeting. In this case, if the chairperson fails to convene the standing committee within 15 days from the date of the request without justifiable grounds, a member of the standing committee

(Article 49, the latter part of Article 29, Paragraph 2).

After the Plaintiff’s retirement, the Defendant paid the Plaintiff KRW 50,236,968 on April 10, 2015, and KRW 21,00,000,00 on April 28, 2015, and KRW 71,236,968 on the aggregate, without going through a resolution of the standing committee under the above salary provision.

Defendant’s preparatory document dated October 13, 2016, KRW 39,273,550 (from June 1, 1999 to December 31, 2010), the settlement of retirement pay 4,416,130 (from January 1, 201 to December 31, 201) to the Plaintiff.

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