beta
(영문) 서울고등법원 2014.10.20 2014나21177

퇴직금 등

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

Facts of recognition

On December 1, 1981, the Plaintiff joined the Federation of Korea Passenger Transport Business Associations (hereinafter referred to as the “Federation of Taxi”) comprised of corporations and private taxi transport business associations nationwide.

On June 15, 1989 from the taxi federation, the private taxi transport business association was separated from the taxi transport business association and the defendant was established.

The related Acts and subordinate statutes have been amended while the taxi federation has been operating mutual aid business with corporations and private taxis across the country through the taxi mutual aid association under its jurisdiction.

Accordingly, the defendant obtained permission from the mutual aid association around July 21, 1992, and from February 1, 1993, the defendant directly performed the mutual aid business against the private taxi through the mutual aid association belonging to the defendant.

On January 29, 1993, the defendant requested the taxi federation to separate the affairs related to the private taxi (individual branch's affairs) managed by the private taxi mutual aid association, and the "transfer of five individual branch's mutual aid affairs" was entered into with the taxi federation.

On February 1, 1993, five individual branches among the taxi mutual-aid associations affiliated with the taxi federation transferred human and physical facilities to the mutual-aid associations affiliated with the defendant, the employees, including the plaintiff, who worked in the individual branches of the taxi mutual-aid association affiliated with the taxi federation Gap No. 3-1, 2-2, were uniformly changed under the jurisdiction of the defendant.

B At the time of the 1st of the certificate, there was no change in the separate entry procedures, office, class, or business.

around February 26, 1993, employees, including the Plaintiff, etc., were requested to submit resignations from the taxi federation and the Defendant, and prepared a resignation statement to the taxi federation, stating that “five individual branch employees shall submit resignations under paragraph 7 (7) of the transfer of mutual-aid business to five individual branch offices (transfer of all employees).”

The taxi federation returned the above written resignation and demanded the resignation to be re-written and re-written and requested by the plaintiff, etc.