If an employee submitted retirement allowances according to his/her continuous service period and received retirement allowances according to his/her continuous service period and expressed his/her intent to waive all claims based on his/her employment contract relations until then, his/her claim for retirement allowances shall be deemed reasonable only within the scope of his/her continuous service period after the date of his/her re-admission.

If an employee submitted retirement allowances according to his/her continuous service period and received retirement allowances according to his/her continuous service period and expressed his/her intent to waive all claims based on his/her employment contract relations until then, his/her claim for retirement allowances shall be deemed reasonable only within the scope of his/her continuous service period after the date of his/her re-admission.

Article 28 of the Labor Standards Act

[Judgment of the court below]

Gangwon Industrial Company

Seoul High Court Decision 90Na2224 delivered on November 16, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

According to the reasoning of the judgment of the court below, since the plaintiff was employed on December 3, 1961 to January 31, 198, he had been employed for more than four times since he was employed for the above company, but all of them had been forced by the defendant company to work for more than four consecutive terms, but the above facts have continued to work for more than three consecutive terms and conditions of employment. On the plaintiff's claim for retirement allowance calculated on the basis of the total number of years of employment from December 3, 1961 to January 31, 198, which was applied at the time of entry, 1961, the court below decided that the plaintiff had been employed for more than 3 years of employment since 198.3 years of employment contract to 19.3 years of employment contract, the court below's claim for retirement allowance from the above 19.3 years of employment contract to the above 19.7 days of retirement allowance from the above 19.7 days of employment contract to the above 19.3 days of employment.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)