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(영문) 창원지방법원진주지원 2019.10.02 2019가합11107

임금

Text

1. The Defendant’s KRW 88,886,690 for the Plaintiff and KRW 5% per annum from January 15, 2018 to October 2, 2019.

Reasons

1. The facts below the basic facts are either in dispute between the parties, or acknowledged by taking into account the respective descriptions of Gap evidence Nos. 1 to 6, 8, and Eul evidence Nos. 2 to 8, and 10 (including the numbers), and the whole purport of the arguments.

A. The Defendant is a legal entity established under the Forestry Cooperatives Act for the purpose of enhancing the economic, social, and cultural status of its members. The Plaintiff is a person who worked for the Defendant’s employee from November 8, 1986 to December 31, 2017.

B. On December 20, 2016, the Defendant, at the 304th meeting of the board of directors, passed a resolution to enforce the wage peak system for two years from 2017, and paid 45% of the amount of voluntary retirement to workers who applied for voluntary retirement without choosing the wage peak system, and 120 million won even if they were paid. Accordingly, the period of application for voluntary retirement applicable to the Plaintiff was from July 1, 2017 to December 31, 2017, and the scheduled date of voluntary retirement in cases where the voluntary retirement is approved was December 31, 2017.

C. On October 17, 2017, the Plaintiff submitted to the Defendant an application for retirement as follows:

The person who has filed an honorary retirement application shall apply for an honorary retirement as follows:

Classification of Retirement: Application of wage peak system to member cooperatives;

D. On October 25, 2017, the Defendant discussed, at the 315th meeting of the board of directors, whether or not the Plaintiff’s voluntary retirement was examined. In that process, the Defendant discussed the Plaintiff about whether or not the Plaintiff was guilty of misconduct in the course of performing his/her duties and suspended the decision.

E. On December 31, 2017, the Plaintiff submitted to the Defendant an application for retirement as follows:

(hereinafter referred to as “each of the instant retirement applications” in total, including the aforementioned applications for retirement as of October 17, 2017 and as of December 31, 2017. The person who wishes to retire shall apply for an honorary retirement as follows:

Classification: Grounds for retirement: Application of the wage peak system;

F. The Defendant on January 2017

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