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Reasons
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(영문) 서울중앙지방법원 2016.10.31 2016가단5080690
퇴직금 지급청구의 소
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 21, 2012, the debtor Shin Savings Bank (hereinafter “New Savings Bank”) was a mutual savings bank authorized by the Financial Services Commission and appointed a manager as an insolvent financial institution. On April 12, 2013, the Financial Services Commission decided to transfer part of its assets and liabilities to the Ga Savings Bank established by the defendant (hereinafter “Ga Savings Bank”) and made a decision to suspend its business and cancel its business for six months (the date of cancellation shall be the date of the bankruptcy of the competent court).

B. On September 30, 2013, the Defendant filed a petition for bankruptcy with the Seoul Central District Court 2013Hahap161, and was sentenced to the bankruptcy on October 29, 2013 to the new Savings Bank and to appoint the Defendant as a trustee in bankruptcy. Accordingly, the authorization for the business of the new Savings Bank was revoked.

C. On April 12, 2013, the Plaintiffs submitted to and resigned from each new savings bank that “to resign due to one’s personal reasons,” as those who worked in the new savings bank.

The retirement allowance provisions of the 35th collective agreement of the New Savings Bank (hereinafter “instant collective agreement”) applied at the time of the plaintiffs’ resignation are as follows:

Article 119 (Grounds for Payment of Retirement Allowances)

1. The retirement allowance shall be paid when any of the following causes occurs:

(1) 2) If an employee is appointed as an officer due to the death of 4) in the office, 6) interim settlement of the retirement allowance 7) interim settlement of the retirement allowance.

2. No retirement allowance shall be paid to an employee who has served less than one year;

Article 121 (Calculation of Period of Service)

1. The continuous service period shall be from the date of employment to the date of retirement;

2. The method of calculating a period of less than one year among the continuous service period under the preceding paragraph shall be as follows:

Where the number of months of continuous service is at least six months, it shall be one year.

The number of months of service period shall be six months.

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