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(영문) 서울중앙지방법원 2014.09.18 2014나12040
퇴직금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the citer of the judgment of the court of first instance states concerning this case are as follows, except for the addition of the following judgments as to the matters alleged in the court of first instance, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. Grounds for the judgment of the first instance court on the claim for damages (additional claim) arising from a tort

2.(a)

(1) As described in paragraph (a), the fact that the Defendant did not pay part of the retirement allowance that the Plaintiff should pay to the Plaintiff after his retirement constitutes a tort and thus, the Plaintiff claims compensation for damages against the Defendant’s tort.

B. (1) The judgment is based on the objective intent of an employer to find a worker at a workplace without any reasonable ground for dismissal, etc., and it is objectively apparent that the reason for unfavorable disposition is neither a ground for unfavorable disposition nor a ground for unfavorable disposition as prescribed by the rules of employment, etc., nor a ground for unfavorable disposition cannot be considered as a ground for unfavorable disposition. If it is objectively apparent that the reason for unfavorable disposition is not a ground for unfavorable disposition as prescribed by the rules of employment, etc., and even if it is easy to recognize such circumstance, it is obvious that the disadvantage disposition cannot be accepted under our sound social norms or social norms, such as the case where the unfavorable disposition is taken for this reason, even if it is obvious that it is not permissible under our sound social norms or social norms, the disadvantage disposition is denied as an illegal disposition that deviates from the scope of discretion or abuse of discretionary power, and thus, it constitutes tort against the worker. However, it does not constitute tort in relation to the worker.

(2) Furthermore, even if there is a claim for difference in retirement allowance as alleged by the Plaintiff, the evidence submitted by the Plaintiff alone is alone.

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