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(영문) 전주지방법원 2015.01.28 2014가단22712
전별금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are employed as an employee of a limited liability company C (hereinafter “C”).

The service period of Plaintiff A was from April 15, 1995 to December 31, 2013, and the service period of Plaintiff B from October 7, 1997 to March 2, 2014.

B. The defendant is a trade union composed of three workers, and the plaintiffs were members of the defendant during his/her term of office.

[Judgment of the court below]

2. Determination as to the claim

A. 1) The Plaintiff’s assertion 1) The Defendant decided to pay the advance payment to the retired members. Upon the Defendant’s request, C decided to abolish the advance payment system through the entire general meeting of the Plaintiff members on January 21, 2014 and on January 22, 2014, and the Defendant transferred the said advance payment to the Defendant. Accordingly, the Defendant is obligated to pay the advance payment (Plaintiff A:10,100, 100, 100, 1000, 100, 1000, 1000) to the Plaintiffs who retired from office as its members C. Accordingly, the Defendant is obligated to pay the advance payment to the Plaintiff’s retired members according to the Plaintiffs’ tenure of office. (2) The Defendant’s members decided to abolish the advance payment system throughout the entire general meeting of the Plaintiff members. Since the remaining members other than D including the remaining members request the advance payment to C, the Defendant does not have any obligation to pay the advance payment to each of the Plaintiffs.

B. In light of the overall purport of the arguments in the statement Nos. 2 and 3 of the 1st century, the point of time is not clear, but the defendant union members, if there is a retired union member, decided to pay a separate amount calculated by multiplying the number of years of service of the retired union members by a certain amount of money. Accordingly, the defendant's union members, when there is a retired union member, are directly or indirectly employed by the retired union members.

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