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(영문) 서울동부지방법원 2014.02.14 2013가합8494
명예퇴직수당 및 연장근로수당 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. From September 1, 1984; from September 15, 1989; from September 15, 1989; from February 1, 1983; from February 1, 1983; and Plaintiff D, from September 1, 1984, start work at the Hanyang University Hospital operated by the Defendant and voluntarily retired on April 30, 2013.

B. On March 14, 2013, the Defendant publicly announced the voluntary retirement of general employees, and the main contents of the public announcement are as follows.

1. Date of voluntary retirement: General staff who has served for at least 20 years as of February 28, 2013;

4. Treatment of honorary retirees;

(a) The amount of two retirement allowances that are not paid in excess of five years, on the basis of calculating the retirement age remaining for an honorary retirement allowance x 50 percent x the monthly ordinary wage for a period between five and ten years in the remaining months of retirement age x 25 percent x (number of remaining months of retirement age - 60 months) x 10 years in excess of the retirement age;

C. On March 28, 2013, the Plaintiffs filed an application for voluntary retirement with the Defendant. On March 28, 2013, the Defendant: (a) selected the Plaintiffs as eligible recipients of voluntary retirement; and (b) considered the benefits excluding bonuses, good attendance allowances, and physical training expenses (hereinafter “instant bonus allowances”); (c) as ordinary wages, the amount of Plaintiff A’s voluntary retirement as KRW 68,302,00; (d) KRW 80,80,00; (e) KRW 83,973,50; and (e) calculated the amount of Plaintiff C’s voluntary retirement as KRW 83,973,50; and (e) KRW 93,869,100; and (e) paid each of the aforementioned voluntary retirement allowances to the Plaintiffs on April 30, 2013.

(hereinafter “instant honorary retirement allowance”). D.

The provisions relevant to this case in the collective agreement (hereinafter referred to as the “instant collective agreement”) concluded between the hospital benefit rules, the rules of employment, and the Korea-Japan University Hospital under the Defendant and the National Health and Medical Workers’ Union of the Democratic Union (hereinafter referred to as the “Trade Union”) shall be as follows:

Article 4 (Ordinary Wages) Ordinary wages shall be monthly paid to the basic salary and all employees, excluding bonuses, good attendance allowances, physical fitness allowances, family allowances, monthly paid leave allowances, health allowances, and statutory allowances.

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