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(영문) 수원지방법원평택지원 2019.04.04 2018가합11901

퇴직처분무효확인등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 10, 1953, the Plaintiff was a Grade 1 pilot belonging to the Defendant, and the Defendant is a non-corporate group consisting of 25 pilots.

B. The Defendant pilot affiliated with the Defendant established and operated C (hereinafter “C”) to jointly operate the pilotage boat, and established and operated D Co., Ltd. (hereinafter “D”) to take charge of pilotage dues and pilotage boat claims, pilotage dues, distribution, and all related business affairs. The 19 pilot affiliated with the Defendant was registered as C’s executive, and 6 pilot affiliated with the Defendant was registered as D’s executive officers.

C. In 2017, the Plaintiff earned income of KRW 674,328,256, including pilotage dues of KRW 87,400,00, pilotage dues of KRW 586,928,256.

The provisions relevant to this case in the defendant's bylaws are as follows:

Article 29 (Qualification for Members) (1) A member may be admitted by obtaining a license for pilot referred to in paragraph (5) and his/her qualification shall be lost as cancellation and invalidation of the license.

Article 30 (Joint Distribution ① The Chairperson shall jointly distribute pilotage from the income of pilotage fees to all members at least once a month, excluding total expenses (including average monthly reserves of income tax).

[Ground of recognition] Facts without dispute, Gap's 1 through 3, Eul's 1 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. Article 7 of the former Pilotage Act (amended by Act No. 15783, Sep. 18, 2018) provides that “a pilot may engage in pilotage services by the age of 65” (hereinafter “instant retirement age provision”). The meaning of “within the age of 65” is unlawful for the Plaintiff to retire from office as of March 10, 2018 on the ground that the Plaintiff becomes 65 years of age notwithstanding the fact that he/she becomes 65 years of age.

Therefore, at the same time, the Defendant sought the invalidation of the retirement disposition against the Defendant, and at the same time, the amounting to KRW 674,328,256 for the year 2018 (i.e., pilotage dues of KRW 87,40,00, pilotage dues of KRW 586,928,256).

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