logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.02.04 2015가단102973
근로에관한 소송
Text

1. The Defendant’s KRW 7,350,000 as well as the Plaintiff’s annual rate of KRW 5% from January 15, 2015 to February 4, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff was paid KRW 500,000 per month as the head of the Defendant’s second class employee B as the head of the Operational Authority.

B. When the Plaintiff applied for voluntary retirement and used annual leave for a total of four days in November 2014, the Defendant issued a personnel standby order to the Plaintiff on December 1, 2014. On November 1, 2014, the Defendant sent the Plaintiff to the Organizing Committee for the Incheon Asian Games on November 1, 2014 and appointed C to the head of the operating group, who was subject to the personnel standby order.

Accordingly, the Plaintiff’s job pay was reduced to KRW 150,000 per month, and the Plaintiff applied for a special leave from December 1, 2014 to December 31, 201, and obtained approval from the Defendant.

C. Article 19 of the Defendant’s Service Regulations at the time is as follows.

Article 19 (Special Leave) Where an employee falls under any of the following subparagraphs, a special leave shall be granted:

7. Any employee who retires, retires, or retires, may take leave from three months before the scheduled date of retirement to the day before the scheduled date of retirement;

The Plaintiff voluntarily retired on December 31, 2014, and the remaining period of retirement was 42 months, and the basic monthly salary was 5,523,310 won by dividing the basic annual salary by 12.

around that time, the Defendant paid retirement allowance of KRW 116,293,00 to the Plaintiff and KRW 119,139,510 to the Plaintiff.

E. The relevant parts of the Defendant’s personnel regulations are as follows.

Article 108 (Examination and Determination) (4) The amount of honorary retirement allowances shall be paid to the amount calculated pursuant to attached Table 6.

[Attachment Table 6] The calculation table of honorary retirement allowances

1. A person whose remaining retirement age is not less than one year but not more than five years: half of ordinary wages at the time of retirement ¡¿ the amount of the remaining months of the retirement age;

2. Article 3 subparagraph 5 of the Regulations on Operation of Annual Salaries shall apply when honorary retirement allowances are paid;

F. Relevant parts of the Defendant’s annual salary system operating regulations are as follows.

Article 3 (Definitions of Terms) The definitions of terms used in these provisions shall be as follows:

1. The term "annual salary" means January of each year;

arrow