퇴직금청구의 소
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts do not conflict between the Parties:
The defendant is a corporation with the purpose of business improvement support for the medical center business, mutual exchange support for medical information, welfare programs for the executives and employees of the medical center, and entrusted business affairs of the medical center, and the plaintiff A from May 1, 201 to May 1, 2001, and the plaintiff B from May 1, 191 to the employee of the defendant and retired on March 12, 2014.
B. In accordance with the rules of employment at the time of retirement, the Defendant paid the Plaintiff A KRW 76,757,179, and the Plaintiff B KRW 32,620,147, which deducts the interim settlement of the first and second interim payments.
C. On the other hand, the rules of employment regarding the rules of payment of retirement allowances (hereinafter the rules of employment in this case) were amended on January 1, 2002 from the retirement allowances accumulated by the Plaintiffs to the fractional system.
2. The plaintiffs' assertion and judgment
A. The plaintiffs asserted that the amendment of the Rules of Employment in this case imposes unfavorable working conditions by depriving the workers of their rights and interests, and thus, the defendant's consent is deemed null and void by amending the Rules of Employment without the workers' consent. Thus, the defendant is obligated to pay the difference between retirement allowances and retirement allowances calculated by applying the progressive system under the previous Rules of Employment.
B. In order for the employer to change the existing working conditions to the disadvantage of the employee due to the revision of the rules of employment, the consent is required by the collective decision-making method of the employee who was subject to the previous rules of employment or the rules of employment, and the amendment of the rules of employment which did not obtain such consent is invalid as long as
The method of consent shall be obtained if there is a labor union organized by a majority of the workers, and if there is no such labor union, the consent shall be obtained by a majority of the workers' meeting method.
c)the meeting method;