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(영문) 부산지방법원 동부지원 2018.09.06 2017가합104377
퇴직금 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On June 1, 2007, the Plaintiff joined a corporation B (hereinafter “B”) and retired from office as the representative director on May 18, 2016. The Plaintiff made an interim settlement of retirement pay for the period of employment until May 31, 2008. On May 31, 2017, the Plaintiff, after the Plaintiff retired, prepared a detailed statement of calculation of retirement allowance for executive officers as shown in the attached Form (Evidence 2) to the Plaintiff on May 31, 2017.

B. Article 30 of the B’s articles of incorporation provides that “The remuneration and bonus of executives, retirement allowances, and honorable treatment of retired executives shall be governed by the rules on the payment of executive remuneration determined at the general meeting of shareholders on May 29, 2015,” and the above regulations on the payment of executive remuneration shall be as follows.

Article 8 (Amount of Retirement Allowances) (1) The Chairperson and the President shall pay retirement allowances of the President. (1) The amount equivalent to 1/10 of the annual average amount of total annual conversion of total benefits received for three years retroactively from the date of retirement x number of years of continuous service x 35

(6) The calculation standards for retirement allowances shall be based on the annual average conversion amount of gross pay received for three years retroactively from the date of retirement.

Article 9 (Calculation Method and Criteria of Retirement Allowances) (1) The amount equivalent to 1/12 of the annual average conversion amount of total salary received for three years retroactively from the date of actual retirement after May 29, 2015 x the amount calculated by the number of years of continuous service.

(2) From January 1, 2014, the amount equivalent to 1/10 of the annual average of the total amount of salaries paid during three years retroactively from the date of actual retirement x the number of years of continuous service x the number of years of continuous service x the number of years of executive officers (each item of Article 6).

(B) The length of continuous service shall be from January 1, 2014 to the retirement date). (3) The sum of amounts calculated under the provisions of paragraphs (1) and (2) shall be paid.

(c).

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