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(영문) 대구지방법원 상주지원 2021.02.16 2018가단6470
퇴직금지급 등 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 24,00,000 and the interest rate of KRW 1.71% per annum from January 18, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 1, 1988, the Plaintiff joined the Defendant Company (before division: C organization) and voluntarily retired on January 4, 2016.

B. On December 3, 2015, the Defendant was aware of the voluntary retirement of employees as follows.

A person eligible for voluntary retirement shall be paid the average wage for 59 years of age for 26 months of age for employees (at least 56 years of age), and the average wage for 58 years of age as special retirement pay for 14 months of age, and in the case of employees who are subject to voluntary retirement due to the suspension of disciplinary action or other reasons, the grounds for which the voluntary retirement was reserved due to the suspension of discipline or other reasons, the reservation period (the number of days less than the end of the month during which the period is fixed) shall be applied to the number of months calculated by subtracting the reservation period (the number of days less than the end of the period) from the normal period of voluntary retirement from

The date of issuance of honorary retirement is December 31, 2015.

(c)

On December 4, 2015, the Plaintiff applied for voluntary retirement according to the above guidance.

On December 31, 2015, the defendant did not approve the above application because the plaintiff was pending in the disciplinary action due to the violation of the Act on Real Name Financial Transactions and Confidentiality.

Since then, the Defendant approved the above application on the condition of the agreement on the preservation of claims for damages (hereinafter “instant agreement on the preservation of claims”), and voluntarily retired on January 4, 2016.

(d)

On January 18, 2016, which was within 14 days from January 4, 2016, the date of voluntary retirement, the Defendant paid an honorary retirement allowance by applying the number of less than 4 days less than the month (the scheduled date is December 31, 2015, and the period of disciplinary action is January 4, 2016, which is one month less than one month, to the Plaintiff pursuant to the above guidance.

According to the agreement on the preservation of claims, KRW 24 million of honorary retirement allowances was deposited in the account of interest 1.71% in the Plaintiff’s name on January 18, 2016, the period of 36 months (before three months), and D deposit with the maturity of January 18, 2019 (hereinafter “the instant deposit”), and a pledge was established in the Defendant’s name.

E. The defendant's damage caused by the disciplinary action against the plaintiff occurs.

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