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(영문) 서울중앙지방법원 2017.06.13 2016가단5232019
명예퇴직금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 15, 1996, the Plaintiff was employed by the Defendant and served as an employee in general service for 18 years and four months from July 31, 2014, and was converted to a special position (director treatment) from August 1, 2014, and retired after having served for two years from July 31, 2016.

(b) Article 44 of the Personnel Management Regulations, which provides for the criteria and procedures for personnel management of employees, including the defendant's personnel regulations concerning voluntary retirement, shall have the provisions concerning voluntary retirement allowances and early retirement allowances, and shall have the guidelines for the management of payment of voluntary retirement allowances, etc. in order to deal with the affairs related to the above provisions in a uniform manner.

In relation to honorary retirement allowances, the provisions that were applied at the time of August 1, 2014, which was converted by the plaintiff as temporary suspension from office, and the provisions that are applied at the time of retirement of the plaintiff are as follows:

Article 44 (Voluntary Retirement, etc.) (1) of the Regulations on Personnel Management at the time of conversion into extraordinary civil service (amended by January 23, 2015) (1) Where an employee who has served for at least 20 years as an employee and has served for at least one year as an employee and voluntarily retires from his/her office (in cases of an employee in extraordinary civil service, when his/her term of office expires) after deliberation by the Committee.

(hereinafter referred to as “former Personnel Regulations”). Article 44 (Voluntary Retirement, etc.) (1) Where an employee who has served for at least 20 years as an employee and has served for at least one year as an employee voluntarily retires, he/she may be paid benefits for voluntary retirement after deliberation by the Committee.

(hereinafter “Personnel Regulations after Amendment”). The Regulations at the time of conversion into extraordinary civil service (amended by October 2012) Regulations at the time of retirement (amended by Presidential Decree No. 2600, Feb. 13, 2015); the guidelines for the handling of payment of honorary retirement allowances, etc.

2. Voluntary retirement allowances;

A. A person who has served as a qualification employee for the voluntary retirement for at least 20 years and has served as a long-term employee for at least one year of retirement voluntarily retires (in the case of an employee in special service, when the term of office expires). The term of appointment for a person in special service shall be from the term of service for at least 20 years under Article 44(1) of the Personnel Management Regulations.

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