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(영문) 서울중앙지방법원 2018.01.24 2017가단66931

퇴직금 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion was employed by the Defendant Company on June 1, 2006 and served until August 1, 2014, but did not pay KRW 60,625,000 for retirement pay.

Therefore, the defendant is obligated to pay the plaintiff a retirement allowance of KRW 60,625,00 and damages for delay.

B. Determination 1) Officers such as directors and auditors of a stock company are delegated by the company with certain administrative affairs. Thus, they are not in an employment relationship under the direction and supervision of the employer, which provides a certain amount of work and receives a certain amount of wages. Therefore, even if a certain amount of wages is paid to officers such as directors under the company's regulations, the retirement allowance is not a retirement allowance prescribed in the Labor Standards Act, but merely is paid for the performance of duties during the period of office (see, e.g., Supreme Court Decisions 87Da2268, Jun. 14, 198; 2002Da64681, Sept. 26, 2003; 3.00Da64681, Sept. 26, 200). In light of the above legal principles, the Plaintiff did not prepare the Defendant's health class, Eul's 1 through 6 (including each number of directors), and the Defendant's director's articles of incorporation and 3.00Do314, Jul. 29, 2005.