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(영문) 울산지방법원 2017.09.27 2016가합22048

퇴직금 청구

Text

1. The defendant has attached Form 2 with respect to each of the following money and each of the above money as stated in the separate sheet No. 2 list to the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a corporation established with the aim of contributing to the promotion of national welfare and the development of the national economy by efficiently conducting projects related to the support for workers’ lifelong learning and the implementation of workplace skill development training. The plaintiffs are those who retired from office when they worked as the employees of the defendant from the "date of admission" to the "date of withdrawal" as stated in the attached Table

B. The Plaintiffs were employed as the employee of the Defendant and retired from office until the retirement date set forth in the separate sheet 2, and received each retirement allowance from the Defendant. The Defendant included only “basic salary, family allowances, job(s), job allowances, part of performance-based incentives (including KRW 130,000), and performance-based incentives,” and “performance-based annual salary, performance-based evaluation performance rating, and vehicle operation support expenses” as well as “retirement allowances”.

C. The parts related to the Defendant’s internal regulations, including the Defendant’s internal regulations, are as follows.

The definitions of terms used in Article 3 (Definition of Terms) of the Rules on Remuneration of the Defendant are as follows:

2. The term "annual salary" means the total amount of basic annual salary, performance-based incentives, and performance-based incentives, and Article 5 (1) (1) of the same Act shall be the annual salary system for executive officers and employees, and the monthly amount of the annual salary calculated by dividing the basic annual salary and performance-based incentives by

Provided, That the remuneration of executive officers and employees in extraordinary civil service shall be the fixed annual salary system.

Article 23 (Performance Rates) Performance-based bonuses shall be paid at least 100% per annum on the basis of monthly amounts of annual salary according to performance, but may be paid differently.

The definitions of terms used in these Rules under Article 3 (Definitions) of the Enforcement Rule of the Defendant Annual Salaries System shall be as follows:

1. The term "annual salary" means annual salary;

1. The term "basic annual salary, job-based salary, performance-based incentives, performance-based incentives, and various allowances paid for one year from January 1 to December 31;

Article 4 (Annual Salary System).