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(영문) 수원지방법원 2017.10.18 2016가단534039

퇴직금 청구의 소

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1. The Defendant’s KRW 22,421,66 to the Plaintiff, as well as 5% per annum from June 18, 2015 to October 18, 2017.

Reasons

1. Facts of recognition;

A. On December 18, 2009, the Plaintiff was appointed as the Defendant’s intra-company director, and served as an officer, including in-house director and representative director, until June 17, 2015.

B. The Plaintiff was dismissed on or around June 17, 2015, and did not receive retirement benefits.

C. Article 48(2) of the Defendant’s articles of incorporation amended on or before September 1, 2014 provides that “the retirement benefits of retired executives shall follow the rules on the payment of retirement allowances for executives.” According to Article 3(4) of the Defendant’s Regulations on the Payment of Retirement Allowances for Officers, “retirement benefits”, and Article 4(Calculation and Payment of Retirement Benefits for Officers) of the Defendant’s Regulations on the Payment of Retirement Allowances for Officers, the method of calculating the amount of retirement benefits before December 31, 201 shall be construed as “the amount equivalent to retirement benefits where there is an amount of income payable when it is assumed that he/she retired on or after December 31, 2011,” and the method of calculating the amount of retirement benefits after January 1, 2012 shall be construed as “the pertinent period of service calculated as three years retroactively from the date of retirement (where the period of service is less than three years, referring to the relevant period of service calculated as one month, if it falls short of one month, which shall be construed as one month.”

However, Article 40 (2) of the Articles of Incorporation amended on May 15, 2015 (Remuneration and Retirement Allowance for Directors) of the defendant's articles of incorporation shall be calculated by the "retirement allowance of the retired director" [pre-retirement pay x length of service x payment rate x payment rate], and detailed contents of the retirement allowance shall be governed by the separate rules

Article 4 (Calculation of Retirement Allowances) Paragraph (1) of the Defendant's Act on Payment of Retirement Allowances for Officers at the time of the calculation of retirement allowances.