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(영문) 의정부지방법원 2019.12.20 2019가단108220

명예퇴직수당 청구의 소

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1. The defendant shall pay 120,000,000 won to the plaintiff and 12% per annum from April 5, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. On January 1, 198, the Plaintiff continued to serve for not less than 20 years as the Defendant’s employee, and on November 5, 2018, filed an application with the Defendant for payment of KRW 120,000,000 of the honorary retirement allowance (hereinafter “instant voluntary retirement”) and the honorary retirement allowance. Upon filing an application for the Plaintiff’s voluntary retirement, the Defendant requested the approval with the Seoulcheon Games Headquarters, a superior agency of the Defendant (hereinafter “C Headquarters”).

B. As of December 4, 2018, C’s Seoul Headquarters sent to the Defendant an official document stating that “In order to efficiently manage human resources and enhance the competitiveness of the association, the Plaintiff’s voluntary retirement pension payment rules (hereinafter “instant approval”) pursuant to Article 7(1) of the “Rules on the Payment of Voluntary Retirement Allowances for Union Employees” (hereinafter “Rules on the Payment of Voluntary Retirement Allowances for Association Employees”) was approved,” and later, the said stipulation stated that “the voluntary retirement allowance shall be paid within the scope of the association’s budget according to the procedures, such as the resolution of the board of directors,” following the foregoing approval.

C. After obtaining the instant approval, the Plaintiff submitted to the Defendant and retired from office as of December 17, 2018.

On November 14, 2018, the Defendant held a board of directors to review the proposal for the voluntary retirement of the Plaintiff, but decided not to pay the voluntary retirement payment. On April 18, 2019, the Defendant held a board of directors to review the proposal for the decision on the voluntary retirement allowances of the Plaintiff on April 18, 2019, but rejected the proposal for the decision on the voluntary retirement allowances of the Plaintiff (i.e., the decision not to pay the voluntary retirement allowances).

E. According to the provisions regarding the payment of honorary retirement allowances by the Defendant, where the Plaintiff’s honorary retirement is constituted, the Plaintiff’s honorary retirement allowances are 120,000,000 won.

F. The relevant provisions of the Defendant’s relevant payment rules at the time of the approval of the instant case are as follows.

Article 3 (Persons Eligible for Payment of Allowances) (1) Persons eligible for payment of allowances shall have served as association personnel for at least 20 years.