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(영문) 서울서부지방법원 2015.12.18 2014가단46382
퇴직금 및 임금
Text

1. The Defendant’s KRW 17,008,611 as well as 5% per annum from January 17, 2014 to December 18, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On April 27, 2007, the Plaintiff was employed by the office staff of the Defendant Association Establishment Promotion Committee approved by the head of Eunpyeong-gu (hereinafter “Establishment Promotion Committee”) and worked at the monthly salary of 1.5 million won per month;

On June 20, 2010, the Defendant Union’s inaugural general meeting, held on June 20, was elected as the president of the association, and was paid the remuneration of 3 million won (one year and 36 million won) and 12 million won (three million won in each month, six months, September, and December) each month until he/she retires from office on January 16, 2014, and performed the duties of the president of the association.

B. According to Article 5 of the Regulations on the Operation of the Promotion Committee for the Establishment of Small and Medium Enterprises under Article 2006-330 of the Ministry of Construction and Transportation, the Promotion Committee may perform its duties until the date when the establishment of the partnership is authorized, and when the partnership is established, all its duties and assets shall be transferred to the partnership and the Promotion Committee shall be dissolved. In addition, the Promotion Committee shall report its duties to the general meeting under Article 24 of the Act, and the rights and duties related to the duties performed by the Promotion Committee shall be comprehensively taken over, but the rights and duties related

C. The Defendant Union obtained the authorization of establishment from the Eunpyeong-gu Office on December 1, 201, and completed the registration of incorporation on December 29, 201.

Article 19 of the articles of incorporation of the defendant association provides that remuneration shall be paid to the executives, and Article 19 (1) of the Regulations on the Internal Management of the defendant association provides that paid executives and employees shall pay the prescribed bonus, 400% per annum of 100% per quarter, and 3, 6, 9, and 12. Paragraph (2) provides that paid executives and employees shall pay retirement benefits in accordance with the Labor Standards Act when they retire.

E. On February 6, 2014, the meeting of the board of directors of the defendant association held on February 6, 2014 to the Plaintiff.

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