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(영문) 대법원 2018.07.12 2018다21821

퇴직금

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

Reasons

The grounds of appeal are examined.

1.(a)

Retirement allowances are money which has the nature of a later-paid wage paid to a retired worker for a certain period of continuous employment and is a requirement that the specific claim for retirement allowances is a retirement after the employment relationship is terminated.

It is invalid because it is against the Labor Standards Act, which is a mandatory law, and the Guarantee of Workers' Retirement Benefits Act.

(3) In the event that an employee retires and does not have any other right to claim a retirement allowance at the time of retirement (see, e.g., Supreme Court Decision 97Da49732, Mar. 27, 1998). However, it cannot be deemed that such an agreement violates the mandatory law.

(See Supreme Court Decision 97Da11133 delivered on November 28, 1997, etc.). B.

The interpretation of a juristic act is to clearly determine the meaning which the party gave to the act of representation. In a case where its meaning is not clearly disclosed in the language and text expressed by the party, it shall be reasonably interpreted in accordance with logical and empirical rules, and with the common sense of society and the common sense of transaction, comprehensively taking into account the following factors: (a) the contents of the language and text; (b) the motive and background of the juristic act;

(See Supreme Court Decision 96Da16049 delivered on October 25, 1996, etc.). 2. According to the lower judgment, the following facts are revealed.

On April 1, 2003, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) was employed by the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) engaging in the construction design business, and retired on December 31, 2013.

B. On January 7, 2008, the Plaintiff drafted the annual salary contract with the Defendant, and with respect to the retirement pay, “monthly payment included in the basic pay” and “retirement pay” under the agreement between the employer and the employee, when the contract term of this contract expires.