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(영문) 서울중앙지방법원 2017.05.18 2016가단5158272
퇴직금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant established and operated C University Foundation. On December 4, 2006, the Plaintiff assumed office as the Defendant’s director and worked as a full-time president from August 30, 2007, and retired from office as a director and a full-time director on December 3, 2014.

B. Article 22 of the articles of incorporation of the defendant corporation provides that eight directors and two auditors shall be appointed as directors, one of the full-time directors shall be appointed as directors, and Article 30-2 provides that Article 26 of the Private School Act (excluding the full-time officers of the school juristic person’s articles of incorporation: Provided, That this shall not apply to reimbursement for actual expenses) shall apply mutatis mutandis to the remuneration of the officers. The plaintiff received monthly salary while working as the full-time president.

C. From around 2012, a dispute arising from the corruption of the former president D, etc. The Ministry of Education appointed four temporary directors of Defendant Corporation on March 11, 2015, following deliberation by the Private School Dispute Mediation Committee in accordance with the relevant provisions of the Private School Act.

[Ground for Recognition] Facts without dispute, Gap 2, 7, 13 each entry

2. When the Plaintiff alleged to retire from a standing position as the president, the Defendant Corporation calculated the retirement allowance to be paid to the Plaintiff according to the preceding sentence of payment of the retirement allowance to the former president, and compiled the budget. On January 31, 2015, the board of directors, which held on January 31, 2015, composed of KRW 29,500,00 as the former president’s retirement allowance, passed the revised supplementary budget

(A) A director clearly explained that he/she is obligated to pay a retirement allowance to the Plaintiff, and all the five directors present at the meeting have passed a resolution on the budget bill to complete the execution of the budget. Furthermore, on May 7, 2015, the settlement of accounts (including retirement allowance items 29,480,320 won) on the above revised supplementary budget bill was finalized by the resolution of the board of directors, and on May 7, 2016.

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