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(영문) 대구지방법원 2020.05.20 2019나313051

퇴직금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff worked for the Defendant Company from October 1, 2013 to January 31, 2018, and was registered as the Defendant’s internal director on February 12, 2016.

B. On April 13, 2017, the Defendant’s representative director D opened a temporary general meeting of shareholders and newly established the following provisions in the articles of incorporation for the payment of retirement allowances to officers.

The term "executive officers" in Article 2 of the Regulations on the Payment of Retirement Allowances for Officers means directors and auditors appointed at a general meeting of shareholders.

Retirement allowances for executives subject to payment of retirement allowances under Article 4 shall be paid when any of the following grounds arises:

(2) The calculation of retirement allowances under Article 5 (1) shall be calculated as follows based on the average annual salary for the three immediately preceding years of retirement:

(2) The period of service in Article 8 shall be calculated on a monthly basis and the period less than one year shall be calculated from the date of initial appointment to the date of the end of the actual service. < Amended by Presidential Decree No. 2420, Apr. 13, 2017; Presidential Decree No. 20347, Apr. 13, 2017; Presidential Decree No. 20347, Apr. 13, 2017; Presidential Decree No. 20347, Apr. 13, 2017>

2. Summary of the parties' arguments;

A. From October 1, 2013 to February 11, 2016, the Plaintiff was unregistered directors, who worked for the Defendant Company as a registration director from February 12, 2016 to January 31, 2018.

Therefore, the defendant's retirement allowance to the plaintiff.