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(영문) 대전지방법원 2016.02.18 2014가단222302
퇴직금 등 청구의 소
Text

1. The plaintiff A's lawsuit of this case shall be dismissed.

2. All claims of Plaintiffs B and C are dismissed.

3. The costs of the lawsuit.

Reasons

1. The parties' assertion

A. The plaintiffs' assertion 1) The plaintiff A is the defendant D Co., Ltd. (hereinafter "the defendant company") on June 22, 2002.

(2) On May 31, 2014, the Defendant Company hired the Plaintiff as an employee and retired from office on May 31, 201. The Defendant Company retired from office on November 11, 2011, to May 10, 2012, for overtime work and holiday work (from November 11, 2011 to May 10, 201, to May 10, 2013, from November 11, 201 to May 10, 2013; and 43,163,016 won as allowances for the period from November 11, 201 to May 10, 2013) and retirement allowance of KRW 24,064,475 as well as retirement allowance of Plaintiff B, who was employed by the Defendant Company, was retired on February 1, 204.

The Defendant Company did not pay the Plaintiff B allowances for overtime work and holiday work (27,086,775 won during the period from November 11, 201 to May 10, 201, and November 11, 201 to April 30, 201) and retirement allowances of KRW 21,068,182.

3. On October 24, 2007, Plaintiff C joined the Defendant Company and served as a helicopter, and retired on May 31, 2014.

The Defendant Company did not pay the Plaintiff C the flight allowance of KRW 43,00,000, the main maintenance worker’s allowance of KRW 2,270,00,000, the maintenance worker’s qualification allowance of KRW 1,580,000, the replacement leave allowance of KRW 66,159,150, and the retirement allowance of KRW 23,217,731.

B. On July 21, 2014, Plaintiff A and Plaintiff A agreed not to raise any objection under the Civil Act or Labor Relations Act on all matters that occurred during the period of their service with Defendant Company and Plaintiff A, and thus, Plaintiff A’s lawsuit of this case is unlawful.

The Defendant Company paid retirement allowances to the Plaintiffs before 2012 after entering into an agreement on interim settlement of retirement allowances with the Plaintiffs, and thereafter, the retirement allowances from the date of retirement to the date of retirement were lawfully settled and paid.

Since the Defendant Company entered into a comprehensive wage contract with the Plaintiffs, there is no separate duty to pay allowances.

2. Determination

A. The defendant's plaintiff A.

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