명예퇴직금 청구의 소
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
1. The grounds of appeal are examined (to the extent of supplement in case of the supplemental appellate brief filed before and after the deadline).
As to the ground of appeal No. 1, the lower court, on the grounds as indicated in its reasoning, determined as follows: (a) the instant union provision was a provision regarding the criteria for calculating the amount to be paid when the Defendant approved the voluntary retirement of an employee.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the interpretation of a collective agreement or by failing to exhaust all necessary deliberations, thereby adversely recognizing facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, etc.
B. As to the grounds of appeal Nos. 2 and 3, the lower court rejected the Plaintiffs’ assertion that the Defendant’s failure to approve the Plaintiffs’ voluntary retirement application constitutes abuse of discretionary power, on the grounds as indicated in its reasoning.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the abuse of discretion on approval of voluntary retirement and the existence and validity of labor-management practices, or by failing to exhaust all necessary deliberations, thereby adversely recognizing facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, etc.
3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.