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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Under the underlying facts, each of the following facts is not disputed between the parties, or is acknowledged by Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 6 (including a serial number; hereinafter the same shall apply), and the inquiry results with respect to the lot shopping corporation of this Court, and the whole purport of the arguments as a result of the order to submit documents to the defendant of this Court.
On April 1, 2007, the Plaintiff worked in the two team of the policy headquarters operation of the Investment Bank Shopping Co., Ltd. (hereinafter “Singul Shopping”) and was paid KRW 19,881,700 as retirement pay upon retirement of a lot shopping on January 31, 201.
B. Since February 1, 2011, the Plaintiff joined the Defendant Company, an affiliate to the same lot group, and retired on April 26, 201, while performing duties as the head of the lot board B and lot board C team at the lot board scam.
C. Accordingly, the Defendant Company calculated the retirement allowance for the continuous employment training from February 1, 201 to April 26, 201, when the Plaintiff initially joined the Defendant Company, and paid KRW 13,636,90 to the Defendant Company.
2. The Plaintiff’s assertion was transferred to the Defendant company, an affiliate company of the same group, on February 1, 201, while entering a bar shopping on July 18, 1995 and working in a lot group. The Plaintiff continued to work without the labor relationship with the lot group. As such, the Plaintiff’s calculation of retirement pay should be calculated from the date of entry in the lot shopping.
3. Determination
A. In a case where an employee of the relevant legal doctrine is transferred from the previous company to its affiliated company, it is not merely a type of retirement and re-employment according to the unilateral decision in accordance with the management policy of the previous company, but if an employee voluntarily submitted resignation to the previous company and participated in the affiliated company after receiving retirement allowances, the employment relationship with the previous company shall be interrupted.
In addition, when a worker transfers his/her position, he/she shall submit a resignation to the previous company and receive retirement allowances.