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(영문) 서울서부지방법원 2020.01.15 2019가단211471
퇴직금 지급청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff served as a full-time auditor of the Defendant Company from March 14, 2008 to March 18, 2016.

B. The articles of incorporation of the defendant company provides for the director, board of directors under Chapter 5 (Articles 29 through 41), and for the auditor under Chapter 6 (Articles 41-2 through 41-7), and the remuneration provisions are as follows.

Article 40 (Remuneration for Executives and Retirement Allowance) (1) The remuneration of directors shall be determined by a resolution of the general meeting of shareholders.

(2) The payment of retirement allowances for directors shall be made by a resolution of the general meeting of shareholders.

(3) The board of directors shall determine remuneration for persons engaged in duties equivalent to directors, and the relevant retirement allowance shall be governed by the payment regulations of retirement allowances for executives

The remuneration of an auditor under Article 41-7 (Remuneration of Auditor) shall be determined by a resolution of a general meeting of shareholders.

A bill for decision on remuneration of an auditor shall be adopted separately from a bill for decision on remuneration of directors.

C. The “Rules on the Payment of Retirement Allowances for Executive Officers” delegated under Article 40 of the above Articles of Incorporation (hereinafter “Rules on the Payment of Retirement Allowances”) came into force on June 2, 197, and was amended on March 1, 1981; the first amendment on March 1, 1981; the second amendment on March 17, 200; the third amendment on November 30, 2002; the first amendment on July 14, 2004; and the fifth amendment on December 15, 201.

Article 4 of the instant Rules on the Payment of Retirement Benefits provides that “The retirement pay of an executive officer shall be the amount calculated by taking advantage of the payment rate specified in the attached Table on the monthly salary (average wage) at the time of retirement. However, in the attached Table of the Rules on the Payment of Retirement Benefits which was initially implemented, the payment rate for the Chairperson / Vice-President / Executive Director / Executive Director / Directors / Directors / Directors excluding auditors and directors / Vice-President / Executive Director / Executive Director / Executive Director / Executive Director / Executive Director / The payment rate for the Executive Director was determined in the attached Table which was enforced on December 15, 201, which was subdivided into “I” and “I” and “I” in the attached Table which was enforced on December 15, 2011.

The amendment of the retirement allowance payment provision of this case is a resolution of the general meeting of shareholders.

recognized.

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