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(영문) 전주지방법원 2018.04.25 2017가단26012

특별퇴직금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 11, 1988, the Plaintiff joined the Defendant Bank and was specially retired on December 31, 2016.

B. The Defendant bank paid KRW 237,443,00 to the Plaintiff as a special retirement allowance after the Plaintiff, who was a student, was specially retired as of December 31, 2016 in accordance with the guidelines for the operation of the wage peak system and the guidelines for the implementation of special retirement. Of the above management guidelines and guidelines, the main contents of the instant case are as follows.

The wage peak system subject to Article 3 (Subject of Application) of the Guidelines for the Operation of the Wage peak System shall be a person in general service who is 55 years of age.

Provided, That employees employed by law and external rules and other employees subject to separate personnel management shall be excluded.

Article 4 (Period of Application) The application period of the wage peak system shall be from the year in which he/she reaches the age of 55 to the end of the month in which he/she reaches the age of 60, but the first half (one to six months) employee of the first half of the year shall be applied from July of the year in which he/she reaches the age of 5, and the birth employee of the second half of the year in which

Article 5 (Method of Application) The wage peak system shall give an opportunity to choose a special retirement and wage peak system at the request of an employee who has reached 55 years of age, and the standards for conducting special retirement shall be as specified in attached Table 1.

The retirement age of employees under Article 6 (Retirement Age) shall be 60 years of age.

Criteria for special retirement in attached Table 1.

1. Facts that there exists no dispute over the criteria for payment, entries in Gap evidence 1 through 3, and the purport of whole pleadings;

2. The plaintiff's assertion and judgment on the assertion

A. The summary of the argument 1) According to the guidelines for the operation of the wage peak system of Defendant Bank, the birth staff in the first half of the year (from January to June) shall have served as the 30th of June in the year in which they reach the 55 years of age, and the birth staff in the second half of the year (from July to December) shall have served as the 1st of June in the year in which they reached the 55 years of age, and as the result of the special retirement as of December 31 in the second half of the year, the "one to five months" or "one month from July to 11" shall have served as the 1 month in which they reach the 55 years of age, and shall have served as the 5th of May and the 11st of November in the year