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(영문) 부산지방법원 2017.06.08 2016가합4023
퇴직금
Text

1. All claims of the Appointed C, D, and E among the instant lawsuits shall be dismissed.

2. The plaintiff (appointed)'s claim.

Reasons

Basic Facts

The status of the parties (appointed parties; hereinafter referred to as the "Plaintiffs") and the designated parties C, D, and E were employed as affiliates of each Samsung Group including Samsung Life Insurance Co., Ltd. (hereinafter referred to as "Tsung Life Insurance") and Samsung Products Co., Ltd., and retired from office. After that, Samsung Life Insurance Co., Ltd. or Samsung Bio-Service Co., Ltd. were employed in the merged building management corporation, and retired from office after being employed in the merged building management corporation, and finally retired from office after being employed in the company's sampling and F Co., Ltd. (hereinafter referred to as "F") in sequence with each company entry and retirement.

The defendant is a company established on June 7, 2012 for the purpose of real estate asset management business, building management service business, etc.

On August 1, 2012, the Plaintiff and the designated parties entered the Defendant on March 31, 2016, and received retirement allowances calculated from August 1, 2012 to the date of each retirement as well as from March 31, 2016, for the Selection C, April 30, 2015, for the Selection D, June 30, 2014, and for the Selection E, from April 30, 2016 to the date of each retirement.

【In the absence of any dispute, the Plaintiff and the designated parties asserted the overall purport of the pleading, and the Plaintiff joined each affiliate of Samsung Group, but joined the Samsung Group as an affiliate of the Samsung Group, but they were forced to retire and join the company in accordance with a unilateral personnel order of the private party.

However, only the name of the company under its control has been changed and the plaintiff and the designated parties continue the same work at the same place, and Samsung Life Insurance has comprehensively controlled labor relations.

Samsung Life Insurance finally transferred or entrusted part of the business part (building management) to the Defendant, and the labor relationship between the Plaintiff and the designated parties comprehensively succeeded.

Therefore, when the plaintiff and the designated parties retire, the defendant is an affiliate of Samsung Group.

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