임금등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Defendant is liable to pay the Plaintiff wage and retirement allowance of KRW 223,650,00 (= KRW 178,920,730,000) and delay damages, since the Plaintiff worked as the Defendant’s director from January 2, 2012 to December 2013, total of KRW 178,920,00 per month, and retirement allowance of KRW 44,730,00 for the period of continuous employment of the said two years.
Article 388 of the Commercial Act provides that "The remuneration for directors shall be determined by a resolution of the general meeting of shareholders unless the amount is determined by the articles of incorporation."
The remuneration of directors referred to in this article includes all remuneration paid as compensation for the performance of duties, regardless of their titles such as monthly salary and bonus, and retirement or retirement allowance is also a kind of remuneration paid as compensation for the performance of duties while in office.
Since the above provision is a mandatory provision, if there is no evidence to prove that there was a resolution of the general meeting of shareholders on the amount, time, method of payment, etc. of remuneration or retirement allowance for directors where the articles of incorporation provides for remuneration or retirement allowance by a resolution of the general meeting of shareholders,
(See Supreme Court Decision 2012Da98720 Decided May 29, 2014). Comprehensively taking account of the following: (a) evidence No. 6, Eul evidence No. 1, Eul evidence No. 1, and the overall purport of testimony and pleadings by witnesses C, the defendant is a company established to conduct business related to the construction and operation of a private company; (b) the plaintiff was working as the defendant's director from March 2005 to March 4, 2014; (c) Article 32(1) of the Articles of incorporation of the defendant provides that "the limit of remuneration for directors and auditors shall be determined at a general meeting of shareholders; and (d) Article 32(2) provides that "the retirement consolation money for directors and auditors shall be determined separately at a general meeting of shareholders; and (d) the defendant's regular general meeting of shareholders on April 7, 2010."