Allowances for dismissal under Article 28 of the former Labor Standards Act and retirement allowances under the rules of employment.

Even if dismissal allowances under Article 28 of the former Labor Standards Act (Act No. 286, May 10, 53) and retirement allowances under Article 94 of the same Act are individual, it is interpreted that the prescribed retirement allowances under the rules of employment include the prescribed dismissal allowances under Article 28 of the same Act, unless there are special circumstances.

Article 28 of the former Labor Standards Act, Article 94 of the former Labor Standards Act

Dried wood et al.

Korea Electric Power Corporation

Seoul High Court Decision 63Na430 delivered on December 4, 1963, 200

The original judgment is reversed and the case is remanded to the Seoul High Court.

Defendant 1’s appeal No. 1

In its reasoning explanation, the original judgment was based on Article 109, Article 110 of the former Rules of Employment, that is, retirement allowances are different from retirement allowances under the rules of employment for employees of Joseon Professional Co., Ltd. and dismissal allowances under Article 28 of the former Rules of Employment, that is, retirement allowances are paid to the retiring pursuant to Article 109, Article 110 of the former Rules of Employment, and dismissal allowances are paid only to the retirees due to unilateral dismissal of the employer pursuant to Article 28 of the former Rules of Employment, and there is no evidence to acknowledge that the dismissal allowances were included during the above retirement allowances, and

However, even if the prescribed retirement allowance under Article 28 of the former Labor Standards Act is separate from the prescribed retirement allowance under Article 94 of the same Act, if the employer establishes the rules of employment pursuant to Article 94 of the former Labor Standards Act and determines the matters concerning retirement allowance among them, it shall be interpreted that, unless the retirement allowance is more than the prescribed amount of the above dismissal allowance, it shall not be paid again as long as the employer's unilateral dismissal has paid the retirement allowance under Article 28 of the former Labor Standards Act. Article 109, Paragraph 4 (Employment Rules) of the former Labor Standards Act provides for the payment of retirement allowance under Article 109, Paragraph 110 of the former Labor Standards Act, which provides that the rate of payment specified in the above rules of employment allowance under Article 94 of the former Labor Standards Act shall be more than the rate of payment under Article 28 of the former Labor Standards Act, and it shall be interpreted that there is no reasonable ground to acknowledge dismissal allowance under Article 28 of the former Labor Standards Act without the consent of the employer, as stated in Article 28 (30) of the former Labor Standards Act.

The judges of the Supreme Court, the two judges of the two judges of the Supreme Court (Presiding Judge)