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(영문) 수원지방법원안산지원 2019.06.13 2019가합5373
퇴직금
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 was employed by the defendant on January 12, 1987 and served until now.

B. On July 30, 2012, the Plaintiff joined a defined benefit retirement pension, and applied for the subscription to a defined female retirement pension on July 30, 2018.

As of July 30, 2018, the Defendant calculated the Plaintiff’s retirement allowance at KRW 401,403,371, and deposited KRW 397,858,971, which is the Plaintiff’s retirement pension account, as of June 30, 2018.

C. The defendant's rules on the payment of retirement allowances, collective agreements, and trade union agreements are set forth in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, 7 through 11, Eul evidence 8, the purport of the whole pleadings

2. The revised retirement allowance payment provision as of January 22, 200, which deleted the existing provision of the retirement allowance under the Plaintiff’s assertion, was invalid since it did not obtain the consent of the trade union. Since Article 9(1) of the retirement allowance payment provision was not amended after January 22, 200, Article 9(1) of the retirement allowance payment provision should be applied to the Plaintiff’s revised retirement allowance payment provision as of December 23, 1996, including the accumulated benefit provision.

Even if the rules on the payment of retirement allowances amended on December 31, 200 contain the deletion of the progressive provision, the agreement on December 21, 2000 between the defendant and the defendant trade union, which served as the basis of the above amendment (hereinafter “this case’s labor-management agreement”), did not notify the other party of the agenda, etc. three days prior to the collective bargaining, and did not go through the vote of the union members or the consent of the general meeting. As such, Article 48(1) of the collective agreement and Article 50 of the Trade Union Regulations are violated, and thus, the same is null and void, and thus, the revised rules on the payment of retirement allowances on December 23, 199 shall apply.

In accordance with the revised retirement allowance payment provision on December 23, 1996, as of June 30, 2018, when calculating the Plaintiff’s retirement allowance as of June 30, 2018, the Defendant is 421,734,468 won, which is the difference between the said money and the already paid amount.

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