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(영문) 인천지방법원 2020.01.15 2018가단34321

퇴직금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of manufacturing kitchen supplies.

On September 24, 2015, the Plaintiff was appointed as an internal director of the Defendant Company. From June 15, 2016, the Plaintiff was appointed as the representative director of the Defendant Company, but resigned on June 28, 2018.

B. On May 25, 2016, Defendant Company adopted a resolution to amend the articles of incorporation at a special shareholders’ meeting (hereinafter “the resolution of the instant special shareholders’ meeting”).

The provisions concerning retirement allowances in the amended articles of incorporation (hereinafter referred to as "retirement Allowance Regulations") are as follows:

[Articles of incorporation, Article 40 (Remuneration for Director and Retirement Allowance) (2) The retirement allowance of retired director shall be governed by the articles of incorporation, which has gone through a resolution of the general meeting of shareholders.

[Attachment 4] Article 4 (Calculation of Retirement Allowances) (2) The calculation of retirement allowances shall apply mutatis mutandis to the average wages paid between the three years immediately preceding the date of retirement (where the period of service is less than three years, the relevant period) x 1/10 x the number of years of service x the base rate of payment, and the concept of average wages

(3) The payment standards rates shall be as follows:

(4) The standard rate of payment for the total number of continuous service years shall apply to the total number of continuous service years.

Article 5 (Calculation of Length of Service) (2) The continuous service period shall be calculated by the calendar from the first entry date to the date of his/her employment, and the period of less than one year shall be calculated by the number of months, however, if there is a period less than one month, it shall be deemed one month

[Grounds for recognition] The descriptions of evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Assertion and determination

A. According to the Plaintiff’s retirement allowance provision, the Plaintiff retired as the representative director, and the base rate for payment is 6 months, and the number of years of continuous service is 2 years and 10 months, and the Plaintiff’s average wage is 92,40,000 won. Accordingly, when calculating the Plaintiff’s retirement allowance, 157,079,079 won (=92,40,000 x 1/10 x 1/12 months) x 6.

The plaintiff's retirement pay to the defendant 157,079.

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