beta
(영문) 대구지방법원 2020.08.20 2019가단100636

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B was employed as an employee of the Plaintiff’s association on November 10, 1980 and retired from office on September 8, 2009. Since May 201, 2010, Defendant C was elected as the standing director of the Plaintiff’s association and completed his term of office on February 22, 2014. (2) Defendant C was employed as an employee of the Plaintiff’s association on July 11, 1987 and was employed as the head of office on May 7, 2015.

B. As to the interim settlement of the Defendants’ retirement pay and accident compensation provision, when an employee retires, the Plaintiff Union paid an amount calculated by multiplying the monthly average wage at the time of retirement by the payment rate set by the number of years of continuous service in accordance with the number of years of continuous service at the time of retirement as retirement benefits, and determined that the retirement benefits should not be paid if the period of continuous service is less than one year. However, since the interim settlement system was not implemented, there was no separate provision regarding the interim settlement of the retirement benefits. However, on 2001, the Plaintiff Union implemented interim settlement of the retirement benefits by implementing interim settlement of the employee’s retirement benefits with the aim of increasing the amount of investment by converting the retirement benefits into the amount of investment.

3) The written consent for interim settlement of retirement allowances was individually received from the employees, and the written consent contains separate provisions, in addition to the purport that they agree to make interim settlement of retirement allowances and deposit them into the investment, that “the calculation shall be made by subtracting the interim amount of the retirement allowances calculated by calculating the amount of the average wages at the time of retirement from the date of the calculation of the retirement allowances after the retirement to the date of retirement” (hereinafter the above special agreement is referred to as “instant special agreement”).

(4) Even after the implementation of the interim settlement system as above, the Plaintiff’s provision on retirement benefits and accident compensation for employees is relevant to the interim settlement system of retirement allowances.