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(영문) 서울중앙지방법원 2014.08.29 2014가합504484
퇴직금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 103,985,017 as well as 20% per annum from February 19, 2014 to the day of full payment.

Reasons

Basic Facts

A. Since the opening of the hospital in the name of "E Hospital" (hereinafter "E Hospital") in Ansan-si on October 5, 1996, C was operated as a general hospital from around 1999 to the size of the hospital by adding a specialized department, increasing the number of beds, and making a report on the closure of business on October 31 of the same year while it was operated as a general hospital.

The size of the above hospital was 26 medical personnel, 57 hospital rooms, 276 beds, and 300 employees belonging to the hospital around the time of discontinuance of medical treatment.

B. The Defendant is a foundation established with funds contributed by C on May 9, 2006, and operated on October 13 of the same year with the permission to establish a medical institution on October 13 of the same year and operated the hospital in Ansan-si F.

(hereinafter “Defendant Hospital”). The Defendant Hospital, around July of the same year prior to the establishment permission, had employed a new employee by publicly announcing the employment of employees. However, 102 employees, other than doctors working at the E Hospital, who received retirement allowances from the E Hospital and were employed as employees of the Defendant Hospital without undergoing the employment procedure of the Defendant Hospital.

In addition, in the case of doctors who moved from the E Hospital to the Defendant Hospital, they did not receive retirement allowances separately, and they did not undergo the employment procedure of the Defendant Hospital.

On October 13, 198, the Defendant Hospital was in the size of 57 medical personnel, 70 rooms, and 396 beds at the time of commencement of hospital duties with permission for opening a medical institution.

C. Meanwhile, from March 29, 2004, the Plaintiff joined the “E Hospital” and worked as the director of the dental department, and worked at the Defendant Hospital from October 16, 2006 after the establishment of the Defendant Hospital. The Plaintiff did not receive retirement allowances from the E Hospital in the process, and did not undergo any particular employment procedure of the Defendant Hospital.

The Plaintiff’s monthly salary from June 1, 2008 to July 31, 2010 is KRW 12 million with the actual receipt amount. D.

Since then, the plaintiff received notification of dismissal from the defendant hospital on July 24, 2010, and retires on the 31st of the same month.

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