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(영문) 서울중앙지방법원 2018.06.14 2017나59644
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

2. Judgment as to the main claim

A. 1) In full view of the following facts and circumstances, comprehensively taking into account the following facts and circumstances acknowledged by comprehensively taking into account the following facts and the purport of each statement and the entire argument of Gap evidence Nos. 1 through 4, 6 through 14, and 16 through 24 (including various numbers), the defendant may fully recognize that the defendant applied for voluntary retirement on the condition that the plaintiff shall pay 80,000,000 won of donation to the plaintiff if he/she is accepted. (A) If a worker applies for voluntary retirement, the voluntary retirement is completed by an agreement after examining the requirements of the employer after examining them (see, e.g., Supreme Court Decision 2003Da1632, Jun. 27, 2003).

Therefore, barring special circumstances, such as cases where a collective agreement or rules of employment provides for the purport that a voluntary retirement is established only by the application of a person subject to voluntary retirement, the employee’s voluntary retirement cannot be established without the employer’s approval. However, the employer’s authority to deliberate and decide on such voluntary retirement should be exercised within a reasonable and limited scope in light of the background leading up to the introduction of the voluntary retirement system, equity with other applicants for voluntary retirement, and motive

(B) Article 3(1) of the Plaintiff’s Rules on the Payment of Voluntary Retirement Allowances provides that a person who is eligible to receive allowances shall be a person appointed as a teacher or an employee of the principal school and has served for at least 20 years, and voluntarily retires from his/her office. Article 6(2) of the Rules provides that a person who is eligible to receive allowances shall be a person appointed as a teacher or an employee of the principal school and shall be a person on duty or an injury.

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