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(영문) 서울동부지방법원 2018.07.12 2017가단120814
명예퇴직금 청구의 소
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 Plaintiff’s voluntary retirement and the Defendant Corporation established for the purpose of preserving and managing the marine environment pursuant to Article 96 of the Marine Environment Management Act, and the Plaintiff voluntarily retired on November 30, 2014 when the Defendant Corporation served as a Grade 1 in general service, and thereafter retired on May 20, 2016.

B. The Plaintiff was the first employee who retired from the Defendant Corporation on the premise of promotion of executive officers.

At the time of the Defendant’s voluntary retirement, the budget execution guidelines for public corporations and quasi-governmental institutions in 2014 recommended the Defendant to prepare internal regulations to prevent the payment of allowances to the persons who perform the voluntary retirement on the premise of the promotion of the officers when the Defendant pays the voluntary retirement benefits, separately from the statutory retirement allowances according to the period of service. After the Plaintiff’s voluntary retirement, the Defendant Corporation was planned to revise the rules on the remuneration of employees that clearly state the criteria

However, at the time of the Plaintiff’s voluntary retirement, the employee remuneration regulations of Defendant Corporation failed to establish a internal regulation that limits the payment of voluntary retirement benefits to retired employees on the premise of promotion of the officers, and it was apprehended to point out the violation of the government’s guidelines and the management only when paying honorary retirement allowances. Therefore, the actual period of voluntary retirement, excluding the employment period of officers, was calculated as 31 months (5 months after the remainder of the retirement age 55 months - 24 months) during the remaining period of the Plaintiff’s retirement age, and conducted an internal review to pay KRW 89,977,671 as an honorary retirement allowance. The Plaintiff

C. Article 32 (Voluntary Retirement Money) (1) of the Employee Remuneration Regulations of Defendant Corporation before January 23, 2015 of the Regulations on Payment of Honorary Retirement Allowances, which has served as an employee of the Service for at least 20 years, is during the period of at least one year before the retirement date.

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