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(영문) 서울동부지방법원 2016.02.05 2015나5745
전별금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From October 1, 2007, the Plaintiff retired on April 30, 2014, while serving as an employee of a large-scale transportation company (hereinafter “large-scale transportation company”).

B. The Defendant Union was established on July 3, 2013 as a trade union organized by workers in the substitute transport, and the Plaintiff joined the Defendant Union as a member at the time of its establishment.

C. Around April 1, 2008, employees belonging to the Defendant Cooperative entered into a labor union established on or around April 1, 2008 (hereinafter “former labor union”). The former labor union, when a member retires, paid a certain amount of 200 won from other members x number of months of the member’s employment x number of days of the member’s employment x at the time of retirement x the number of days of the member’s employment x the pertinent member paid money under the name of the entire labor union.

The Plaintiff was a member of the old labor union, but was expelled on November 201.

E. The main contents of the Defendant Union’s separate payment provision (hereinafter “instant provision”) are as follows.

Article 4 [Eligibility for Benefits] The amount of advance payment shall meet all the following requirements:

(1) A member who does not fall under Article 5 of this Regulation shall be entitled to receive benefits at the time of his/her retirement from office after the lapse of at least 12 months of the payment period for union dues (including advance payment).

Article 5 [Loss of Eligibility] Voluntary Disability shall lose eligibility for benefits in any of the following cases:

(6) The period for payment (including the period of special deposit) of the union's expenses (including the period of subscription to the union) for less than 12 months shall be limited to the members who have paid the union expenses for June 2013 to the previous union for the union's old union for the settlement of accounts, that is, the period for joining the union's union's expenses (including the amount of special deposit) for the settlement of accounts, only for the members who have paid the union expenses for the previous union for the union's old union for the settlement of accounts.

[Ground for Recognition: Facts without dispute, entry of evidence of subparagraphs 1 through 3, purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff is a member of the defendant association.

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