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(영문) 전주지방법원 2018.01.25 2016가합3446

임금

Text

1. The Defendant’s KRW 51,023,743 as well as the Plaintiff’s annual rate of 5% from July 15, 2016 to January 25, 2018, and the following.

Reasons

1. Basic facts

A. On April 2, 2007, the Plaintiff joined the Defendant Company for the purpose of real estate development business, etc. and was registered as an internal director in the corporate register of the Defendant Company on March 31, 2010, but submitted a resignation notice to the Defendant Company as of June 30, 2016.

B. Of the provisions on payment of retirement allowances for executive officers of the Defendant Company (hereinafter “instant provisions on retirement allowances for executive officers”), the contents of the instant case are as follows.

Article 2 (Scope of Application) (1) This provision shall apply to representative directors, directors, and auditors.

(2) Officers under this provision means directors and auditors appointed at a general meeting of shareholders.

(3) This provision shall apply only to registered officers.

Article 3 (Grounds for Payment) Retirement allowances for executive officers shall be paid when any of the following grounds arises:

1. Retirement from office;

2. Resignation;

4. The calculation of retirement allowances for executive officers (the calculation and payment of retirement allowances for executive officers) shall be [the retirement allowances before December 31, 201, which shall be the retirement allowances before January 1, 2012];

(1) The continuous service period before December 31, 201

1. The calculation of retirement allowances for executive officers shall be based on [average wages (basic salary grade bonus, etc.) ¡¿ payment rate ¡¿ the number of years of service];

The three-month bonus immediately preceding the month in which the average wage, which is the basis for the calculation of retirement allowances, is included, shall be 312.

1. In cases where the calculation of retirement allowances for executive officers is in excess of three times the annual average payment rates of the total annual salary rate, the relevant tax rate shall apply. (4) The payment rate of retirement allowances for executive officers shall be as follows:

Article 5 (Calculation of Re-employment Period) (1) Article 5 (Calculation of Re-employment Period) (1) Article 5 (Calculation of Re-employment Period) (1) The term of office shall be from the appointment date to the end date of actual service, from the appointment date to the expiration date of the term of office, the term of office shall be from the date of appointment, the term of office of less than three years to less than five years to seven years.

(2) The term of office of executive officers shall be at least six months.