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1. The Defendant’s KRW 7,356,426 as well as 5% per annum from January 1, 2005 to August 27, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On April 13, 1979, the Plaintiff joined the Defendant Cooperative (formerly, an insolvent agricultural cooperative) as an employee, and served in other local agricultural cooperatives, including the Defendant Cooperative, and served in the Defendant Cooperative again from August 11, 200 to February 1, 2005. From February 2, 2005, the Plaintiff retired from office around 2013 while working in the Ansan Agricultural Cooperative.
B. Around May 31, 2001, the Defendant Union decided to change the method of payment of retirement allowances from the progressive to the fractional system, and calculated interim retirement allowances according to the progressive method until December 31, 200, and paid to all employees, and thereafter, paid interim retirement allowances to employees according to the fractional system.
C. Around May 31, 2001, the Plaintiff received 94,797,55 won of interim settled retirement pay calculated in accordance with the progressive method from April 13, 1979 to December 31, 2000 from the Defendant Union. From around 2002, the Plaintiff received 11,173,835 won of interim adjusted retirement pay for 2001 as the interim adjusted retirement pay calculated in accordance with the fractional method. From around 2002, the Plaintiff received 3,768,180 won of retirement pay for 2002, 3,768,180 won of retirement pay for 203,453,230 won of retirement pay for 203, and 4,679,610 won of retirement pay for 204.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 3-1 through 3, Gap evidence Nos. 2 through 5, and the purport of the whole legal theory
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) Retroactive repeal of the short-term retirement pay system is to revise the contents of the rules of employment disadvantageous to the disadvantage of the employees, which requires the consent of a majority of the entire employees, but the Defendant Union held a meeting of employees on December 11, 2004 and passed a resolution to abolish the short-term retirement pay system in the presence of only 22 of the total employees among 48 employees. This is invalid as a resolution without the consent of a majority of the employees. 2) The consent of the employees was obtained.
Even if the consent to the abolition of the retirement benefits system is an agreement to waive the claim for retirement benefits in advance.