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(영문) 창원지방법원진주지원 2019.11.20 2018가단34861

명예퇴직수당지급 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 20, 200, the Plaintiff joined C University (hereinafter “C University”) operated by the Defendant and served for 18 years.

B. On April 5, 2018, the Plaintiff submitted an application for voluntary retirement on the grounds of the Plaintiff’s personal circumstances. On April 24, 2018, the Defendant held a personnel committee and decided on April 24, 2018 to the effect that there is no ground for disqualification for the Plaintiff’s application for voluntary retirement, but that subsequent discussions are needed in consideration

On May 9, 2018, the Defendant again held an employee personnel committee and rejected the application for voluntary retirement on the ground that the budget for voluntary retirement allowances is not reflected, but the financial situation is poor, such as the delayed payment of wages of C representative teachers and staff.

C. On May 30, 2018, the Plaintiff submitted to the Defendant a resignation letter stating that he/she would resign as of July 2, 2018.

The provisions concerning the defendant's voluntary retirement are as follows:

Article 2 (Scope of Application) (1) of the Staff Personnel Management Regulations shall apply to all employees working at this University.

(2) This provision shall apply to personnel management, and the matters not covered by this provision shall be governed by the provisions of the corporation articles of incorporation, statutes, collective agreements and personnel affairs.

Article 43 (Voluntary Retirement) (1) In cases where a person who has served for at least 20 years as an employee voluntarily retires before his/her retirement age, an honorary retirement allowance may be paid within budgetary limits.

(2) The scope and amount of honorary retirement allowances under paragraph (1), procedures for payment, and other necessary matters shall be prescribed separately by regulations.

Article 2 (Qualification for Application) of the Rules on Honorable Retirement (1) (1) Teachers and employees of this university shall have served for at least 20 years on the basis of the scheduled date of voluntary retirement as faculty members of this university, and may apply for voluntary retirement with the approval of the president from among the faculty members who have served

Article 4 (Restrictions on Application for Honorable Retirement) (2) The president may restrict the eligibility for voluntary retirement under Article 2 in cases where it is inevitable in terms of a plan for supply and demand of school personnel and budget.