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(영문) 서울남부지방법원 2018.08.16 2017가단252219
희망퇴직금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts ① The Plaintiff is a person who served as the head of the Defendant’s B agency.

② From July 1, 2017, the Defendant was operating the wage peak system. According to the rules for operating the wage peak system, the wage reduction is made in a way of calculating the basic annual salary of the year in which he/she reaches the age of 56 by multiplying the basic annual salary of the year in which he/she reaches the age of 55 by 80% of the basic annual salary and 10% of the annual wage of the year in which he/she reaches the age of 56 by December 31 of the year in which he/she reaches the retirement age of the year in which he/she reaches the age of 56.

③ After the enforcement of the operating rules of the wage peak system, the Defendant applied for a desired retirement under the condition that the Defendant proposed by July 12, 2017, or selected to be subject to the wage peak system, as a condition that the Defendant proposed by July 12, 2017.

④ On July 17, 2017, the Plaintiff sent a note to Defendant 1 (C) and sent it to Defendant 2 (C) on the following day: (a) the Plaintiff thought that the Plaintiff would not be subject to the wage peak system as a position position; and (b) was dissatisfied with the application of the wage peak system en bloc on the basis of unclear standards; (c) the Plaintiff paid two-year wage based on the chief of the head office or the team leader’s pay; or (d) requested the payment of consolation money for 36 months in total similar to the desired retirement cases in the past 2015; and (e) the Plaintiff presented a summary stating that the Plaintiff would submit an application for voluntary retirement after hearing a clear response thereto.

⑤ Defendant’s personnel in charge of the Plaintiff’s mail was institutionalized through legitimate procedures for the enforcement of the wage peak system.

It is irrelevant to the desired retirement in 2015, because the person to whom the wage peak system applies is paid separate consolation benefits.

It is necessary to choose among those who are subject to the condition of desired retirement without the application of wage peak system or who are subject to the wage peak system.

By today, it shall be separately decided.

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