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(영문) 광주지방법원 2015.01.30 2012가합6730
중간정산퇴직금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the workers who were employed in Defendant Geum Ho Co., Ltd. (hereinafter “Defendant Co., Ltd”) and have been employed until now.

B. A trade union composed of the defendant company and the employees belonging to the defendant company (hereinafter “this case’s trade union”) agreed on March 27, 200 to implement the interim settlement of retirement pay system on March 27, 200. The details are as follows.

(hereinafter referred to as “inmediate settlement standards”) details of interim settlement; standards for implementation of interim settlement of retirement allowances;

2. Details of interim settlement;

(a) apply for all or part of the years for continuous service during the period of application;

(b) Interim settlement of a retirement allowance shall be limited to cases where a request is made by an employee, and shall not unilaterally settle a retirement allowance at the company without a request by an employee;

(c)the criteria for selection of persons eligible for payment shall be settled upon receipt without separate determination;

The payment order shall be paid in the order of receipt, and shall be paid in consultation with the trade union when the prior measures are taken.

(e) The calculation method of interim settlement of retirement allowances shall apply as at the present time.

(f)in the conduct of interim settlement of retirement pay shall not affect any other working conditions (such as annual, continuous service allowances, salary class, occupational group, number of years of service, gifts, gifts, rewards, changes in the form of service, change in the form of duty, etc.).

(g)the continuous service period and the rate of payment of retirement allowances after retirement benefits are made shall apply from the time of settlement;

(h) Where wages are adjusted after a decision on interim settlement of retirement allowances is made, the amount of wages adjustment for the year concerned shall be applied retroactively to the amount of interim settlement.

(i) Where a housing loan or village credit cooperative loan exists, the difference shall be paid after deduction;

(j) If a person who has been established as a guarantor as security, such as lending of a village safe, wishes to make an interim settlement of a retirement allowance, the settlement shall be made after substitution

(k) National pension (retirement conversion) shall be recovered at the time of interim settlement.

(l) Retirement allowances after interim settlement of retirement allowances;

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