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(영문) 수원지방법원 2017.10.27 2016가합78376
임금
Text

1. The defendant shall calculate the final retirement allowance sheet in attached Form 4 to the plaintiff (appointed party) and the selectors listed in attached Form 4.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties indicated in the Attachment 1 List of the Parties (hereinafter collectively referred to as the “Plaintiffs”) were working in Samsung Electronic Co., Ltd. (hereinafter “Tsung”) and were working in the Defendant Company from July 1, 1998, and were retired from the Defendant Company.

B. Around July 1, 1998, the Defendant entered into a business takeover agreement with Samsung Electronic Co., Ltd., with the following contents:

(hereinafter referred to as the “instant project owner”). Samsung electronics and the Defendant agree to transfer the SI (SI)-related project in the process of Samsung electronics to the Defendant as follows:

1. 1) Business name: 349 personnel (business number 211, development 14, manufacturing 12, support 12); 349 personnel (business number 21, development 114, 12, support 12);

2. The transfer date shall be July 1, 1998; and

3. As of July 1, 1998, the transfer principle 1) the Plaintiffs’ labor relations and retirement pay settlement etc. (1) the Plaintiffs worked in Samsung Electronic Co., Ltd from the corresponding date to June 30, 1998 as indicated in the separate annexed retirement allowance calculation table (1).

(2) On June 30, 1998, the Plaintiffs prepared a written consent for the settlement of the retirement allowances as follows (hereinafter “the instant written consent for the settlement of the retirement allowances”).

(1) The amount received in the separate sheet for calculation of the retirement allowance (1) as the statutory retirement allowance (hereinafter “the primary retirement allowance”) was paid with each money indicated in the “amount received as the electronic retirement allowance” (hereinafter “the primary retirement allowance”).

A. The principal agrees to the settlement of his retirement pay in the transfer of Samsung Electronic to the defendant, with respect to the settlement of the principal’s retirement pay:

1. The principal shall recognize the transfer of an employee concerned as a lawful retirement and verify that he/she has no objection to the settlement of accounts of retirement allowances;

2. As a result of the transfer of related officers, labor relations with Samsung Electronics are legitimate.

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