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(영문) 부산지방법원 2016.04.22 2015가단214178

명예퇴직수당지급등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 19, 194, the Plaintiff (B) applied for voluntary retirement on September 5, 2014 while working for the Defendant Hospital on February 19, 2014 (at that time, the Plaintiff was an administrative class 5 (19) affiliated with the Defendant Hospital). The Defendant Hospital rejected the application without holding a personnel committee around September 16, 2014.

(hereinafter “instant non-permission decision”). B.

On September 17, 2014, the Plaintiff submitted to the Defendant Hospital a letter of resignation (on October 20, 2014, the date of resignation) to the effect that he/she wishes to resign due to his/her personal circumstances, and the Defendant Hospital dismissed the Plaintiff from office on October 20, 2014.

C. The content of the personnel management regulation and the remuneration regulation of the Defendant Hospital related to the instant case was as follows, and the monthly salary of class 5 to class 19 in general service in 2014 was KRW 2,533,600 in Defendant Hospital.

1) Article 46 of the Personnel Management Regulations (the retirement age by class of the staff is as follows:

1. Employees of first-class or second-class: 60 years of age;

2. Employees of Grade III or lower: Where any employee aged 58 or under Article 48 desires to retire, he/she shall submit his/her resignation and obtain the permission of the president;

Article 57 (Voluntary Retirement) (1) In cases where an employee who has served for at least 20 years before his/her retirement age retires voluntarily, he/she shall be paid honorary retirement allowances within budgetary limits

(2) A person who intends to make a voluntary retirement shall submit his/her application and undergo deliberation by the personnel committee upon the recommendation of the head of his/her department, during at least one year before the date of

(3) The honorary retirement allowances shall be separately prescribed by the remuneration regulations.

2) Article 39 (Honorable Retirement Allowances) (1) of the Regulations on Remuneration shall be paid to an employee who voluntarily retires under Article 57 of the Regulations on Personnel Management. (2) The amount to be paid to an honorary retirement allowance shall be the amount calculated in accordance with attached Table 12.

1. 50% of the monthly salary at the time of retirement of a person who has been between not less than one year and not more than five years ¡¿ the number of months remaining after retirement age;

2. 5 years;