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(영문) 창원지방법원밀양지원 2020.11.25 2019가단13553
퇴임공로금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. From November 13, 2009 to March 20, 2019, the Plaintiff retired from office after serving as the head of the Defendant’s standing union.

B. Article 13 of the Regulations on the Remuneration and Compensation of Actual Expenses of the Defendant’s executives provide that “where the president of a standing association who retires from his/her office due to the expiration of his/her term of office is recognized to have rendered distinguished service during his/her term of office, he/she may additionally pay a retirement bonus not exceeding 25% of the retirement salary under Article 12(1) within budgetary limits of the association.” However, on May 28, 2014, Article 13 of the Regulations on the Remuneration and Compensation of Actual Expenses of the C organization’s executives’ remuneration and reimbursement of actual expenses was amended to the effect that “the president of a standing association who retires from office due to the expiration of the term of office may pay a retirement bonus not exceeding 25% of the retirement salary under Article 12(1) from

C. From 2015 to 2018, the Defendant accumulated the amount of retirement merit equivalent to 25% of the total retirement benefits to be paid to the Plaintiff after the resolution of the annual closing general meeting from 2015 to 2018, in total, KRW 38,391,010.

[DAct] Article 31 (General Meeting)(5) of the Agency in Section 3 (General Meeting) shall undergo a resolution of the general meeting:

8. Remuneration and reimbursement of actual expenses for executives [Articles of incorporation] Chapter IV and Article 44 (Resolution of General Meeting) (1) of the board of directors shall undergo a resolution of the general meeting:

8. Remuneration of executives and employees in Chapter V of the Compensation for Actual Expenses and Article 67 (Remuneration and Compensation for Actual Expenses of Executives and Employees)

(3) The provisions on remuneration for executives and reimbursement of actual expenses under paragraph (2) shall be passed through the resolution of the general meeting.

The contents of the D Association Act and the defendant's articles of association related to the provision on remuneration and reimbursement of actual expenses of the executives are as follows:

On March 28, 2019, the defendant's board of directors, after the retirement of the plaintiff, will not pay a monetary reward for retirement to the plaintiff.

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