명예퇴직수당
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain by the court of first instance for the acceptance of the judgment are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments with regard to the matters for which the plaintiff asserts in the court of first instance, and thus, this shall be cited by the main sentence
2. Additional matters to be determined;
A. The provisions of the collective agreement on the voluntary retirement of the Defendant Medical Center in relation to the Plaintiff’s assertion that “the voluntary retirement shall be established upon a request of an employee eligible for the voluntary retirement,” and the Defendant Medical Center did not refuse to refuse the voluntary retirement of the relevant employee.
B. According to the records in Gap evidence No. 10, the defendant medical center’s collective agreement provides that “where an employee who has served for not less than 20 years voluntarily retires during the period of not less than one year before the date of his retirement, he shall be paid an allowance in accordance with the following criteria” under Article 42(1) of the collective agreement of the defendant medical center. However, in the case of his voluntary retirement, this provision does not provide for the criteria for the payment of allowances, and there is no basis to interpret that the voluntary retirement is constituted solely by the application
Therefore, the plaintiff's above assertion is without merit.
3. If so, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.