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(영문) 수원지방법원 2017.05.26 2016나77285 (1)

퇴직금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant, at around June 192, began trade business with the trade name "C Co., Ltd.", and the main business category is manufacturing and processing business of pulp chips and minerals for industrial raw materials and export and import trade business.

The plaintiff is a vice president from the defendant and works as a registered director.

A person who has resigned on December 24, 2014.

B. On June 12, 1995, the Plaintiff joined the Defendant and was appointed as a director on June 22, 1995.

Since July 5, 2000 to December 31, 2005, the Plaintiff was appointed as representative director at D Co., Ltd., the Defendant’s subsidiary, and was reinstated around 2006, and was in office as a director by the time of resignation.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 17, purport of the whole pleadings

2. Judgment as to the main claim

A. In light of the Plaintiff’s assertion, according to the Defendant’s provision on the payment of the Defendant’s retirement allowance, the registered officer’s retirement allowance is paid by multiplying the monthly average wage at the time of retirement by three times the number of years of service years.

Therefore, the defendant should pay to the plaintiff 154,971,00 won (i.e., 5,191,660 won x 9.95 x 3,00 won x 9.95 x 3,00 won (hereinafter referred to as "teach") calculated by multiplying the average monthly wage of 5,191,660 won by three times the number of years of continuous service 9

Furthermore, as the Defendant dismissed the Plaintiff without prior notice, it should pay KRW 5,191,660 as monthly salary for 30 days in accordance with Article 26 of the Labor Standards Act.

B. According to each of the evidence No. 12 and No. 16, the provision on the payment of retirement allowances for executive officers was amended on April 1, 2012, which was decided to revise the relevant articles of incorporation related to the payment of retirement allowances for executive officers on the 10th of the same month to the effect that a regular general meeting of shareholders held on the 10th of the same month did not pay retirement allowances.

Therefore, payment of retirement allowances for officers is made.