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(영문) 서울중앙지방법원 2019.01.18 2017나74193

학자금 상환

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are serving or serving as an employee of B Co., Ltd. (hereinafter “Nonindicted Company”).

The defendant is a retired person, and is a corporation established pursuant to the Framework Act on Labor Welfare on December 22, 2001 and the Enforcement Decree of the same Act, with the aim of contributing to stabilizing the livelihood of workers belonging to the non-party company and promoting the welfare of the non-party company by efficiently managing and operating the non-party

B. As part of the project to achieve the above establishment objective, the Defendant carried out the support project for university students’ children to the employees of the non-party company, and the specific size and procedure of the support was prescribed by the operational rules of the intra-company labor welfare fund (hereinafter “the instant operational rules”).

C. Prior to the amendment, the operational rules of the instant case (referring to the operational rules prior to the amendment on August 31, 2014), limited to two undergraduate children, but did not limit the amount of support. The support procedures were the method of paying the employee the amount of support equivalent to the amount of the repayment of the school expenses in installments for a certain period after the employee’s children were graduated from the university. If the non-party company lends the school expenses to the employee, the employee was paying the said school expenses in installments for a certain period, and the Defendant paid the employee the amount of

Operational rules of the previous case.

D. Prior to the foregoing amendment, the instant operational rules were amended on August 31, 2014 and September 17, 2014. As such, support for university students’ school expenses within a maximum of eight-year limit is provided, the amount of each individual’s repayment and the amount of support are differentiated according to the grade of each child, and the amount of support shall be paid within KRW 5 million per year, and KRW 3 million per year, and KRW 3 million per year, in the case of B credits. It shall be repaid in six-year equal installments with a three-year grace period after the children’s graduation, and if a worker retires at once, the Defendant shall be paid subsidies within the scope of the subsidy.