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(영문) 창원지방법원진주지원 2016.11.22 2015가단32703
명예퇴직금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a corporation established with the aim of promoting the development of medical science through education, research and treatment in the field of medical science, and contributing to the improvement of national health, and the plaintiff has served as a nurse of the defendant hospital since February 4, 1991.

B. On November 28, 2013, the Defendant publicly announced an application for voluntary retirement as of January 1, 2014, and the Plaintiff applied for voluntary retirement on December 2, 2013.

However, the Defendant’s written review of the requirements for eligibility for the Plaintiff’s voluntary retirement, which was prepared on December 23, 2013 from the Defendant’s general affairs division, indicated “to be appointed as a professor or nurse at B universities” in the column indicating “a disqualified person in light of the purport of the voluntary retirement system.” On December 26, 2013, the Defendant’s special personnel committee, which was held on December 26, 2013, deliberated on the eligibility for the Plaintiff’s voluntary retirement

On December 30, 2013, the Defendant notified the Plaintiff that his voluntary retirement had not been approved, and the Plaintiff submitted the written resignation on January 1, 2014, and the Defendant handled the Plaintiff’s dismissal on the same day.

(c) Article 60 (Voluntary Retirement Regulations) (1) Where an employee with a long-term service for at least 20 years voluntarily retires before his/her retirement age, the honorary retirement allowances shall be paid within budgetary limits.

(2) A person who intends to retire shall submit an application for himself/herself before the date of retirement, and undergo deliberation by the personnel committee on the recommendation of the head of the competent bureau.

(3) The payment of honorary retirement allowances shall be separately prescribed by remuneration regulations.

Article 38 (Honorable Retirement Allowances) (1) With respect to an employee who voluntarily retires under Article 60 of the Personnel Management Regulations, the honorary retirement allowances shall be paid.

(2) The amount of honorary retirement allowances shall be the amount calculated pursuant to attached Table 12.

(3) The remaining retirement age shall be calculated from the month following the retirement.

Article 2 (Persons subject to Application) (1) Article 7 of the Addenda to the Personnel Regulations for at least 20 years as an employee.

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