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(영문) 부산지방법원 2015.12.10 2014가합9222
퇴직금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company with the purpose of manufacturing and selling medicine, chemical medicine, etc., and the plaintiff is a retired employee who joined the defendant company and served as a business employee.

B. On April 22, 1974, the Plaintiff joined the Defendant Company and retired on November 15, 1976 for the purpose of military service (hereinafter “the first retirement”). After completing the military service, the Plaintiff retired on December 27, 1979, and retired on June 30, 201, while serving as a member of the company on December 30, 201.

(hereinafter referred to as "final withdrawal"). (c)

Article 63 of the Defendant’s Rules of Employment (hereinafter “former Rules of Employment”) applicable at the time the Plaintiff entered the Defendant Company (hereinafter “former Rules of Employment”) provides that “If an employee who has served for at least one year retires, the following retirement allowances shall be paid on the basis of his average wage as at the time of his retirement when the employee retires for at least one year; (i) once every year, the amount equivalent to 30 days’ average wage as at the time of his retirement; (ii) when the employee has served for at least eight years, the amount equivalent to the former subparagraph by eight years; (iii) when the employee has served for at least 15 years, the amount equivalent to the former subparagraph 2; (iv) when the employee has served for at least 22 years, the amount equivalent to the amount equivalent to the average wage as at the time of his retirement; and (v) when the employee has served for at least one year but exceeding 1 year, the amount equivalent to the amount equivalent to the former subparagraph 3 and the amount equivalent to the average wage for less than 22 days; and (v) the employee has increased for less than six months.”

D. On July 1, 1979, the Defendant amended the rules of employment on the payment rate of retirement allowances (hereinafter “amended rules of employment”).

(A) Article 63 of the amended Rules of Employment (the retirement allowance shall be the amount equivalent to the average wage of the company for 30 days at the time of retirement when an employee who has served for at least one year in the company retires.

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