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(영문) 서울중앙지방법원 2016.06.24 2015가합548672

명예퇴직위로금 누락분

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a company established in accordance with the Special Act on the Assistance to the Development of Abandoned Mine Areas enacted for the purpose of promoting the economy of the abandoned mine area with the aim of promoting balanced regional development and improving the living standard of residents in the abandoned mine area.

The Plaintiffs, while entering into an employment contract with the Defendant, are those retired from September 30, 2008 to August 31, 2012, as shown in the column for the date of retirement in the list of claims by Plaintiff 2.

The contents of the defendant's personnel regulations, wage regulations, and wage regulations, including the defendant's collective agreement, are as follows.

Article 48-2 of the Regulations on the Personnel Affairs (Management of Honorable Retirement and Person Insufficient Performance) (1) In order to revitalize organization and strengthen competitiveness, a company may provide voluntary retirement, as necessary, in consideration of the status of human resources supply and demand, and separately manage human resources with poor performance.

(2) Detailed matters concerning the management of honorary retirement and income earners shall be prescribed separately by the president.

The terms used in Article 3 (Definition of Terms) of the Regulations on Benefit shall be defined as follows:

1. The term “benefit” means the basic salary system, allowance, bonus, retirement allowance;

5. The term "retirement allowances" means additional benefits paid according to duties, living conditions, etc.;

6. The term “ordinary wages” means wages paid periodically and uniformly to employees;

7. The term "average wage" means the amount calculated by dividing the salary paid for three months by the calendar from the day immediately preceding the day on which a cause for calculating the average wage occurred and all other money and valuables paid under any other name by the total number of days in the period;

Article 4 (Kinds of Benefits) The kinds of salaries of staff shall be as follows:

1. Basic pay:

2. The various allowances;

3. Bonuses; and

4. Allowances paid to employees under Article 17 (Kinds of Allowances) shall be as follows:

1. Legal allowances (overtime, night, holiday, and annual leave allowances);

2. Family allowances 3.