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(영문) 대전지방법원 2016.01.27 2015가단16979
퇴직수당
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As a community credit cooperative engaged in credit business with deposits and installment savings received from its members and the management status has deteriorated due to excessive non-performing loans, etc., the Defendant conducted self-corporate restructuring but decided to dissolve and liquidate the situation, and made an agreement on the transfer of assets and liabilities with the C community credit cooperative on March 2015, and decided to dissolve the company as a resolution of the general meeting on April 24, 2015.

B. On June 23, 2011, when the Plaintiff was employed by the Defendant and did not succeed to the employment of himself in the process of the agreement on the transfer of assets and liabilities, the Plaintiff submitted to the Defendant a written petition for voluntary retirement and a resignation based on voluntary retirement on April 23, 2015.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 6, and 7 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) On April 23, 2015, the Plaintiff: (a) by a resolution of the board of directors on April 23, 2015, pursuant to Article 1(1)3 of the Personnel Regulations of the Defendant (where the chief director determines and publicly notifies a specific period, condition, etc.), decided on the voluntary retirement of the Plaintiff; and (b) paid the Plaintiff a retirement allowance by ten-month monthly average wage to the Plaintiff; and (c) on April 23, 2015, the Plaintiff submitted to the Defendant a resignation on the ground of voluntary retirement (e.g., May 6, 2015). The Defendant is obligated to pay the Plaintiff a retirement allowance of KRW 30,021,116, and delay damages therefrom. (b) The Defendant’s business plan and budget guidelines under Article 33 of the Defendant Community Credit Cooperatives Act stipulates that the account for voluntary retirement benefit items for non-business expenses should be included in advance. Therefore, even if the Defendant did not compile the budget in the budget statement in 2015, it has no effect.

The defendant does not constitute a person eligible for voluntary retirement under Article 39 (1) of the Personnel Regulations of the defendant, but is immediately before the liquidation.

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