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(영문) 인천지방법원부천지원 2015.07.31 2015가단7741
퇴직금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 18, 2004, the date of incorporation of the Defendant Company, the Plaintiff was appointed as the representative director of the Defendant Company, and served as the representative director of the Defendant Company until December 27, 2012, and as a director of the Defendant Company until resignation on June 18, 2014.

B. Article 45 of the Articles of incorporation of the Defendant Company provides that “The remuneration of an executive officer or retirement allowance of an executive officer who retired shall be determined by a resolution of the general meeting of shareholders.”

C. Around April 2014, the Plaintiff retired from the Defendant Company, and the Defendant Company did not pay 4,711,220 won to the Plaintiff on March 3, 2014.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that, around April 2014, the Defendant Company retired from the Defendant Company, and did not receive remuneration from the Defendant Company on March 2014. The Plaintiff agreed to receive 40,000,000 retirement allowances or retirement consolation benefits in ten installments. However, the Defendant paid 12,00,000 won from June 201 to September 2014, and thus, the Plaintiff should pay 32,711,220 won (the remainder of retirement allowances in accordance with the above agreement 4,711,220 won) and delay damages.

B. An officer such as a director, auditor, etc. of a corporation is delegated by the company with certain business affairs. Thus, an employee’s direction and supervision under the employer’s supervision and supervision is not in an employment relationship with which a certain amount of wages is provided, and therefore, even if a certain amount of wages is paid, they cannot be said to be wages under the Labor Standards Act. In a case where a retirement allowance is paid to an officer such as a director, etc. under the company’s regulations, the said retirement allowance is not a retirement allowance under the Labor Standards Act, but a remuneration that is paid in return for the performance of duties while in office (see, e.g., Supreme Court Decision 2002Da64681, Sept

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