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.

Basic Facts

The reasons to be stated in this part are the same as that of “1. Facts recognized” in the reasoning of the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The main point of the Plaintiff’s assertion and determination is to pay the amount equivalent to 30 days’ average wages for one year of continuous employment as retirement allowance according to the criteria for payment of retirement allowances under Article 8(1) of the Guarantee of Workers’ Retirement Benefits Act to the officers from the beginning of the establishment, and to announce

In addition, the defendant calculated the estimated amount of retirement allowance of the officers and employees including the plaintiff according to the above criteria every year, and approved the financial statements appropriated in the account of retirement benefit debts at the shareholders' meeting

Article 36(1) of the Defendant’s articles of incorporation provides that “The remuneration for directors shall be determined by a resolution of the general meeting of shareholders,” and Article 36(2) provides that “The payment of retirement allowances for executives shall follow the rules on the payment of retirement allowances for executives which have gone through the resolution of the general meeting of shareholders.” Although the Defendant’s articles of incorporation does not explicitly provide for the payment of retirement allowances for executives, the Defendant’s articles of incorporation should be deemed to have

In addition, as seen earlier, the financial statements that include the estimated amount of retirement allowance for the plaintiff in the debt at the general meeting of the defendant are approved by the defendant's shareholders. In this case, the financial statements refer to the plaintiff as retirement allowance or remuneration (hereinafter "retirement allowance") under the provisions of Article 388 of the Commercial Act and Article 36 (1) of

The Plaintiff asserted in the preparatory brief on July 2, 2019 that the claim for retirement allowance and the claim for remuneration of directors are selective grounds for a claim for retirement allowance, but as seen below, the retirement allowance paid to directors of a stock company is a kind of remuneration paid in return for the performance of duties, and thus, it is separately divided.