성과급 환수조치 등 검토요구처분 취소청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff retired from office as the representative director of C Co., Ltd. (hereinafter referred to as “C”) (hereinafter referred to as “B”) who is an affiliated company of B organization (hereinafter referred to as “B organization”) from May 16, 201 to May 30, 2014.
C On May 14, 2014, the board of directors decided to pay to the Plaintiff KRW 257 million, which is equivalent to approximately 300,000,000 net income per 8.5 billion net income per 3 years for 3 years of the Plaintiff’s three (11~13 years) management performance and various business performance, as the performance-based bonus. On May 15, 2014, the board of directors decided to pay to the Plaintiff KRW 149,707,236 remaining after deducting income tax, etc. from income tax, etc. at KRW 257,00,000,000 as the performance-based bonus.
(Then, the Plaintiff made an audit of B and its affiliated companies from September 23, 2015 to November 25, 2015, and on June 24, 2016, the Plaintiff recovered KRW 35 million from C’s incentive amount, KRW 30 million from 34 million from 30 million from 30,000 to 35 million from 30,000 employees incentive amount, and KRW 20,000 from 34 million from 30,000 to 35,000 employees incentive amount from 20,000. The Defendant demanded the correction of the instant corrective action against the Plaintiff (hereinafter “instant corrective action”).
Article 53 (7) of the Regulations on the Personnel Service of C provides that "no additional items (e.g., performance pay, bonus, etc.) other than retirement allowances shall be paid at the time of the retirement age of the executive."
On June 29, 2016, the Audit Office of the Ministry of Patriots and Veterans sent C a notice of the audit results of the Ministry of Patriots and Veterans Affairs and of the action plan in the year of 15, and C requested the Plaintiff on July 14, 2016 to transfer KRW 257 million to C’s account by July 25, 2016.
B Organizations filed an application with the Defendant for re-deliberation of the matters requesting disposition of audit results on July 25, 2016. However, on September 12, 2016, the Defendant is entitled to veterans benefits from June 25, 2016, on which the B organization received the instant request for correction.