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(영문) 의정부지방법원 2016.11.10 2016나51317

퇴직금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 76,396,034 as well as to the plaintiff on May 2014.

Reasons

1. Basic facts

A. The Defendant is a company with the aim of selling telecommunications equipment and wholesale and retail business, and the Plaintiff was employed by the Defendant as a director’s position in around 2007 and served as an executive director on October 1, 2013 and retired on April 30, 2014.

B. The Defendant has stipulated “the rules on retirement allowances for executive officers” applicable to the retirement of executive officers, and the part related to the instant case in the amended provisions of March 29, 2014 (hereinafter “instant provisions”) is as follows. The Plaintiff is a director or auditor appointed at a general meeting of shareholders who is a full-time director and a full-time director appointed by the representative director. The Plaintiff is treated as equivalent to the full-time director. Article 4 [Calculation of Number of Years] ① The term of office shall be from the date of appointment to the end of the actual service.

1. One year for not less than six months and less than one year;

2. In cases of less than six months, one half of the payment rate for the portion per year shall apply.

3. Where a person retires due to death while in office, less than one year shall be one year;

Article 5 (Retirement Allowance) (1) When an executive retires, an amount calculated according to the rate of payment of retirement allowances of the executive falling under any of the following subparagraphs shall be paid as retirement allowances:

3. Executive Director: Monthly wage for each year in office; and

4. Standing directors, directors, and standing auditors: In cases where an executive is reappointed for three months of his/her monthly wage for each year of his/her service.

Article 7 (Special merit Money) (1) The payment of retirement allowances, including special merit money, to officers who have made a special contribution to re-elections, may be determined at the general meeting of shareholders.

Article 1 (Enforcement Date) of the Addenda shall enter into force on August 1, 2007.

As a result of the amendment to the provisions of this case, the provisions of retirement allowance were applied.

C. On August 2, 2014, the Defendant is against the Plaintiff.