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(영문) 서울중앙지방법원 2015.04.02 2014가합525528
퇴직금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 10, 199, the Plaintiff was registered as an auditor from March 31, 2004 to January 26, 2014 while working for a stock company B (the trade name at the time is D Co., Ltd.; hereinafter referred to as “Defendant Company”). The Defendant is a person appointed as the manager of the Defendant Company by the Seoul Central District Court upon the decision to commence rehabilitation procedures for the Defendant Company from March 3, 2014.

B. The Defendant Company paid KRW 109,694,643, calculated according to the method of calculating the amount of retirement benefits under the Guarantee of Workers’ Retirement Benefits Act for 5,258 days (15 years in continuous service) from the date of the Plaintiff’s entry to December 31, 2013 (15 years in continuous service) as retirement allowances.

The term "executive officer" in Article 2 of the Regulations on Retirement Allowances for Executive Officers means a full-time officer listed on the register of a corporation, and this provision shall apply only to a full-time officer unless otherwise specified.

Article 4 (Amount corresponding to 1/10 of the total benefits paid for one year prior to the retirement of the president who calculates the retirement benefit of class x the number of years of continuous service x the amount corresponding to 1/10 of the total benefits paid for one year prior to the retirement of the vice president 4 x the number of years of continuous service x the amount corresponding to 1/10 of the total benefits paid for one year prior to the retirement of the vice president x the number of years of continuous service x the number of years of continuous service x the amount corresponding to 1/10 of the total benefits paid for one year prior to the retirement of the two regular business x the number of years of continuous service 】 the number of years

C. Article 35 of the articles of incorporation of the defendant company provides that retirement allowances of retired executives shall be determined by a resolution of the general meeting of shareholders. The defendant company enacted the retirement allowance rules for executives at the general meeting of shareholders held on August 31, 2009, and the contents are as follows.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1, 2, Eul Nos. 1, 2, and 8, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The claimant has been registered as C or in-house director registered as the joint representative director of the defendant company since the entry of the defendant company.

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