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(영문) 서울중앙지방법원 2016.04.07 2015가합22460

퇴직위로금반환 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B, an incorporated foundation established for the purpose of health examination, etc. on December 16, 2005, assumed office as the director (so-called registered director) of the Plaintiff, and served as the head of the women’s Do branch office on January 18, 2012, submitted a resignation statement stating that he/she retired due to personal circumstances, and retired on January 31, 2012.

Defendant C, on September 1, 2006, was appointed as the Plaintiff’s director (so-called registration director) and was in office as a standing adviser, and retired on May 31, 2012.

B. Article 4(1) of the Plaintiff’s Regulations on Remuneration for Officers provides that “executive officers” means registration directors, auditors, directors’ treatment, the head of the headquarters, and other similar persons engaged in duties. Article 4(2) provides that “The remuneration for executive officers shall be classified into salary, bonus, special bonus, and management incentives, and shall include retirement allowances in a comprehensive manner.” Article 8(1) provides that “the retirement allowance for executive officers shall not be paid” and Article 8(2) provides that “retirement allowances may be paid to executive officers who have contributed to a corporation during their term of office in accordance with a resolution of the board of directors.”

C. On February 7, 2012, the Plaintiff paid retirement consolation benefits to Defendant B (i.e., the first day of the establishment of a corporation, the health examination, public relations, and medical research and development, and the contribution to the development of the corporation A; (ii) on the basis of the annual salary for a two-year period, the Plaintiff decided to pay retirement consolation benefits of KRW 204,00,000 (in advance of the amount of taxes, four major contributions), and paid retirement consolation benefits as above to Defendant B on February 15, 2012; (iii) on June 11, 2012, the board of directors paid retirement consolation benefits to Defendant C, “Recognizing the contribution to the development of the corporation A,” and (iv) on the basis of the annual salary for two-year period, the Plaintiff shall pay the retirement consolation benefits of KRW 348,00,000 (the amount before deducting taxes and four major contributions).