logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.11.22 2017가합101816
기타(금전)
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 (B) was a employee of the defendant company around March 10, 1995.

From November 2010, the Plaintiff worked as C Business Bureau D Team E, which is an employee of the general service from November 2010.

B. On February 14, 2017, the Plaintiff submitted to the Defendant Company a voluntary retirement certificate on March 16, 2017, on the ground that “the cumulative factors of the labor disability in the broadcasting smoke delivery business, the degree of satisfaction with duties, the exhaustion of difficulties in the performance of duties, and the person deemed not in conformity with the performance of duties,” etc. (hereinafter “instant application for voluntary retirement”), but the Defendant Company rejected it on February 28, 2017.

C. On February 28, 2017, the Plaintiff submitted a resignation notice and retired from the Defendant Company.

The Plaintiff’s monthly salary at the time of retirement is KRW 6,850,170 (=basic salary of KRW 3,403,730, KRW 2836,440, KRW 610,000.

E. On March 1, 2017, the Plaintiff was appointed as professor of the Korea War University after withdrawal from the Defendant Company.

F. The Rules on Honorable Retirement of Employees of Defendant Company (No. 3, hereinafter “instant Rules on Honorable Retirement”), relevant personnel regulations, and the rules of employment are as shown in the attached Form.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 7, Eul evidence 5 and 6 (including paper numbers; hereinafter the same shall apply), fact-finding and re-examination of the jury of this Court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) According to the instant provision on the voluntary retirement, a person whose continuous service period is at least 10 years and who is at least 43 years of age may apply for the voluntary retirement. The Plaintiff is entitled to apply for the voluntary retirement, given that the continuous service period was 22 years and 51 years of age at the time of applying for the voluntary retirement, the Plaintiff is entitled to apply for the voluntary retirement. (ii) The said provision was enacted when concluding a collective agreement on the voluntary retirement system between the Daejeon Branch of the Korea Press Union and the Defendant Company, and is not separately prescribed for

A defendant company shall be qualified as a defendant.

arrow