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(영문) 대전지방법원 2017.07.14 2016나9603
퇴직금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. 1) On May 21, 2012, the Defendant is the Seo-gu Daejeon C commercial building (hereinafter “instant commercial building”).

(2) Prior to the establishment of the Defendant, each of the sectional owners and tenants of the instant commercial buildings as its constituent members is an incorporated association established for the purpose of implementing projects for the common interest of the commercial buildings and implementing various projects for the prosperity and development of the commercial buildings. (2) Prior to the establishment, the D Steering Committee comprised of the sectional owners and tenants of the instant commercial buildings (hereinafter “Steering Committee”) carried out the project for the common interest of the commercial buildings of this case.

3) From April 27, 2011, the Plaintiff joined the Steering Committee and carried out general affairs and office management affairs. After the establishment of the Defendant, the Plaintiff retired on March 13, 2015 while performing the same duties for the Defendant. During the foregoing period, the number of full-time workers of the Steering Committee and the Defendant was the Plaintiff. During the foregoing period, the Plaintiff was the Plaintiff. The Plaintiff did not dispute over the grounds for recognition, the Plaintiff’s 1, 2, 20, 4, 5-1, 5-2, and 5-2, and the purport of the entire pleadings.

B. The Guarantee of Workers' Retirement Benefits Act was enacted on January 27, 2005 by separating the retirement allowance system under the Labor Standards Act, and came into force on December 1, 2005. According to Article 3 of the Guarantee of Workers' Retirement Benefits Act, Article 1 of the Addenda of the same Act (amended by January 27, 2005), and Article 2 of the Addenda of the Enforcement Decree of the same Act (amended by Presidential Decree September 29, 2010), the Guarantee of Workers' Retirement Benefits Act applies to all businesses or workplaces that employ workers from December 1, 2005 on the condition that the Guarantee of Workers' Retirement Benefits Act shall apply to businesses that ordinarily employ four or less workers from December 1, 201.

In addition, according to Article 8 of the Addenda to the Guarantee of Workers' Retirement Benefits Act (amended by July 25, 201), retirement allowances paid to employees by an employer who employs not more than four full-time employees are 1/100 of the criteria for business or workplace which employs not less than five workers from December 1, 2010 to December 31, 2012.

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