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(영문) 광주지방법원 2017.07.12 2016나55994
임금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From December 2, 2005, the Plaintiff was in office as a teacher of the Defendant B Religious Organization C church (hereinafter “Defendant church”).

B. On November 6, 2013, the Association of Religious Organizations E, to which the Defendant church belongs, notified that the Plaintiff was dismissed from the membership in the office of the Defendant church in accordance with the report of cancellation of the Investigation and Handling Committee (exclusive authority) on the matters for the settlement of religious affairs, which were filed by the Defendant church.

(hereinafter “Notification of Termination of this case”). 【No dispute exists, Gap evidence Nos. 13, Eul evidence No. 1, and the purport of the whole pleadings.

2. The Plaintiff’s assertion that the Defendant church paid retirement allowances without exception to the lower-ranking and the lower-rankings, who were the Plaintiff and the lower-rankings, by organizing and determining the retirement reserve fund for the Plaintiff and the lower-rankings, through a resolution of the church and the lower-ranking association in accordance with the religious order constitution.

Therefore, the Defendant church is obliged to pay the Plaintiff the agreed retirement allowance of KRW 32,246,400 and the delay damages for the retirement allowance of the Plaintiff, even if it retires from the office of the Plaintiff after receiving the instant cancellation notice.

3. According to each of the statements in Gap evidence Nos. 17, 18, and 23, it is recognized that the defendant church paid 10 million won to H as retirement allowance, 2,475,000 won to I on May 3, 201, and 3,982,680 won to J, respectively.

However, comprehensively taking account of the evidence mentioned in paragraph (1) above, Gap's evidence Nos. 3 through 10, 15, Eul's evidence Nos. 9 through 12, and 18, and Eul's testimony as a witness K's testimony, it is reasonable to see that the amount that the defendant church has already paid to the pastors or the faculty members, regardless of their names, is a separate payment or consolation money paid through the resolution of the church council of the defendant church, etc., and that the rules were established in advance to pay the unpaid retirement allowance to all the standing pastors who have retired from the defendant church.

(b) the payment practices of such retirement pay have been established.

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