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(영문) 서울고등법원 2015.08.19 2014나29089
퇴직위로금 등
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On December 18, 2012, the Defendant issued a public announcement of voluntary retirement (hereinafter “instant public announcement”) with the following content to the employees.

2. Period of application: The minimum of 12 months from December 18 to December 27, 2012 to the maximum of 23 months from the maximum of 12 months from the maximum of 10 months from the maximum of 23 months from the date of retirement allowance for retirement allowance for at least 10 years from 16 to 20 years from 15 to 19 years from the ordinary wage standard (in cases of less than 3 years of retirement, referring to the following week).

1. Retirement consolation benefits paid to the company: Payment for six months at the age of two years;

2. 임원보수/직원연차반납분 배분기준 : 정년 3년 미만자 5개월, 2년 미만자 4개월 지급 2) 학자금 1년분(고등학교, 대학교), 2013년 입학예정자 포함 3) 전직프로그램 지원 ☞ 250만 원 또는 전직프로그램(4~6개월 사무실 제공 포함) 중 선택 가능 4) 실업급여 신청처리(수급기간 약 7~8개월

B. The Plaintiffs worked in the Defendant Company as a person in charge of insurance business, compensation, management, etc., and retired from the Defendant Company for desired retirement on or around December 31, 2012.

C. The Defendant paid retirement consolation benefits calculated by applying the amount of money calculated by adding basic pay (main pay, position or position allowance), heavy food allowance, and allowance (over-time work allowance, duty allowance, qualification allowance, family allowance, and technical allowance) to ordinary wages, excluding regular bonus, to the Plaintiffs as ordinary wages, according to the publication of the instant case, according to the number of years of continuous service.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment as to the main claim

A. The term "ordinary wage" as stated in the plaintiffs' assertion in the public notice of this case refers to the wage that is regularly and uniformly paid for a fixed amount of work as a concept prescribed by the Enforcement Decree of the Labor Standards Act. Thus, the regular bonus, which the plaintiffs have received regularly and uniformly, shall also be included in ordinary wages.

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