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(영문) 수원지방법원안양지원 2016.12.02 2015가합101707
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 Company is a company established on October 5, 1978 and started business from March 2, 1979, for the purpose of manufacturing and selling health foods and nutrition products, independent of the food business division of C Co., Ltd (hereinafter “C”).

(Name was D Co., Ltd. at the time of its incorporation, but its trade name was changed to B Co., Ltd. as of May 1, 1992. On May 15, 1979, the Plaintiff entered the Defendant Co., Ltd. as a part-time employee and retired on May 31, 1980. On June 2, 1980, the Plaintiff was a person who retired on January 20, 2015.

B. The rules of employment of C, a telegraphic person, at the time of the establishment of the Defendant Company (hereinafter “Rules of Employment”), with respect to retirement pay, “if an employee who has served for not less than one year retires, the following retirement pay shall be paid on the basis of his average wage as at the time of his retirement.”

(hereinafter referred to as “retirement allowance system”). (c)

The rules of employment of the defendant company was revised on August 20, 2013 (hereinafter referred to as the "current rules of employment"), and "the retirement allowance" company shall pay as retirement allowance an amount equivalent to the average wage of the defendant as at the time of retirement for the year of continuous service when an employee who has served for at least one year retires.

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