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(영문) 부산지방법원 2019.02.13 2018나42702
퇴직금청구
Text

1. The supplementary participation of the Intervenor joining the Defendant is permitted.

2.The preliminary claims, including the ancillary claims added by this Court.

Reasons

1. Facts of recognition;

A. On June 1, 2007, the Plaintiff, who was employed in B, retired from office as a managing director on May 18, 2016.

B. The articles of incorporation in B provides that “The remuneration and bonus of executives, retirement allowances, and honorary treatment of retired executives shall be governed by the regulations on the payment of remuneration for executives adopted at the general meeting of shareholders on May 29, 2012.” The main contents of the above regulations on the payment of remuneration for executives are as follows.

Article 3 (Definitions) (1) "Executive Officers" means the representative director, internal directors (including auditors), outside directors, advisers, and advisory directors registered in the corporate register of the chairperson, the president, and the corporate register.

(2) “Remuneration” means salary, allowances, bonuses, and special bonuses.

(4) "Retirement allowances" means money paid when an executive retires.

Article 4 (Remuneration for Executives) (3) The remuneration for the former may be paid up to 300 million won a year.

Article 8 (Payment of Retirement Allowances) (2) The general affairs, and the regular affairs shall be the amount equivalent to 1/10 of the annual average refund of the total benefits received for three years retroactively from the date of retirement x (1/10 of the annual average refund of the total benefits received for three years retroactively x (2) The calculation standards for retirement allowances shall be based on the annual average

Article 9 (Calculation Method and Criteria of Retirement Allowances) (1) The amount equivalent to 1/12 of the annual average conversion amount of total salary received for three years retroactively from the date of actual retirement after May 29, 2015 x the amount calculated by the number of years of continuous service.

(2) From January 1, 2014, the amount equivalent to 1/10 of the annual average of the total amount of salaries paid during three years retroactively from the date of actual retirement x the number of years of continuous service x the number of years of continuous service x the number of years of executive officers (each item of Article 6).

(B) The length of continuous service is from January 1, 2014 to retirement. (3)

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