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(영문) 전주지방법원 2018.05.30 2017가단26043
특별퇴직금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts constituting the basis for no dispute between the parties;

A. On October 2, 1980, the Plaintiff, who was employed by the Defendant, was specially retired on June 30, 2017.

B. The Defendant paid KRW 272,976,00 of special retirement allowances to the Plaintiff as the Plaintiff, who was a DNA, in accordance with the guidelines for the operation of the wage peak system and the guidelines for the implementation of special retirement (attached Table 1). The main contents of the above “Operation Guidelines” or “Implementation Standards” are as follows.

The wage peak system subject to Article 3 (Subject of Application) of the Guidelines for Operation of the Wage peak System shall be subject to the general service personnel who are 55 years of age.

Provided, That employees employed by law and external rules and other employees subject to separate personnel management shall be excluded.

Article 4 (Period of Application) The application period of the wage peak system shall be from the year in which he/she reaches the age of 55 to the end of the month in which he/she reaches the age of 60, but the first half (one to six months) employee of the first half of the year shall be applied from July of the year in which he/she reaches the age of 5, and the birth employee of the second half of the year in which

Article 5 (Method of Application) The wage peak system shall give an opportunity to choose a special retirement and wage peak system at the request of an employee who has reached 55 years of age, and the standards for conducting special retirement shall be as specified in attached Table 1.

The retirement age of employees under Article 6 (Retirement Age) shall be 60 years of age.

Criteria for special retirement in attached Table 1.

1. Criteria for payment;

2. Determination as to the cause of the instant claim by the Plaintiff

A. According to the guidelines for the operation of the wage peak system in front of the cause of the instant claim (1) the employee born in the first half of the year (i.e., January to June) shall reach 55 years of age.

6. As of the 30th and the second half of the year (from July to December), birth employees were specially retired from office as of December 31 of the year, respectively. As a result, “one to five months of age” or “seven to eleven months of age” were employed for more than one month from the last five months (one month of age or the last five months of age) to the last five months (one or seven months of age) after they reached the age of 55, respectively.

(2) However, according to the criteria for payment set out in the “Special Retirement Implementation Standards” in the preceding time, only can it be done.

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