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(영문) 춘천지방법원강릉지원 2020.10.14 2020가단31025
명예퇴직금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On February 23, 1978, the Plaintiff asserted that he/she was admitted to the Defendant Cooperative and took a voluntary retirement on June 30, 2017, two years before December 31, 2019, which is the retirement age (the last day of the year when he/she reaches the age of 60), but the Defendant did not pay the amount of the voluntary retirement to the Plaintiff.

Therefore, the defendant, as an honorary retirement allowance, should pay to the plaintiff KRW 111,720,00 for the amount of 12 months’ average wage at the time of retirement (the average wage of KRW 9,310,000 per month) and damages for delay.

2. The determination on the cause of the claim is to terminate the labor contract by the agreement of the employer with respect to the employee's offer (application). In principle, the private autonomy in which the freedom of contract is guaranteed (see Constitutional Court Order 2003Hun-Ma533, Apr. 26, 2007). In order to determine whether to introduce the honorary retirement system or operate it, the employer has broad discretion.

On February 23, 1978, the Plaintiff joined the Defendant Union and worked as a regular manager on July 15, 2016, and on July 15, 2016, the Plaintiff submitted to the Defendant a written request for resignation, stating that “I wishing to make a prior demand for a desired resignation for reasons of one’s personal life. Date of resignation: June 30, 2017.” Accordingly, the facts of retirement on June 30, 2017 are recognized in accordance with the purport of Gap evidence 2, Eul evidence 2, and all of the arguments and arguments.

However, in light of the following circumstances recognized by the respective descriptions of evidence Nos. 3 through 7 (including each number) and the purport of the entire pleadings, it is difficult to recognize that the submitted evidence alone constituted the so-called honorary retirement agreement between the Plaintiff and the Defendant, wherein the obligation to pay the honorary retirement allowance arises, and there is no other evidence.

(1) When a defendant intends to provide voluntary retirement, he/she shall establish a "committee on voluntary retirement of employees" and shall apply to calculating persons eligible for such voluntary retirement and honorary retirement allowances.

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