logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.01.16 2014가합109809
퇴직급여 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 21, 1980, the network E (hereinafter “the deceased”) was appointed as a teacher at the Korea Teachers’ University.

The Deceased died on June 22, 2013, and the Plaintiffs inherited the deceased’s property.

B. On January 23, 1998, the Deceased was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act in the Gwangju District Court’s support for the promotion of the head of the Gwangju District Court.

As the above judgment became final and conclusive on the 31st day of the same month, the Deceased was retired from private school teachers.

As of the same day, retirement benefits for the Deceased are KRW 120,609,340.

C. The Deceased, even thereafter, continued to serve as a teacher, was granted special amnesty on March 13, 1998, and finally served until August 31, 201.

On August 23, 2011, the Deceased applied for retirement benefits to the Defendant.

However, the defendant rejected payment on the ground that the deceased's claim for retirement benefits has not been exercised within five years from the date of his retirement, and the prescription has expired.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiffs asserted that "the defendant is obligated to pay retirement benefits and damages for delay according to the deceased's ipso facto retirement, to the plaintiffs who are the inheritors."

In regard to this, the defendant asserted that "the deceased's right to claim retirement benefits has expired by prescription after the date of his/her retirement occurred on January 31, 1998, and before the filing of the instant lawsuit."

B. (1) Determination 1) former Pension for Private School Teachers Act (amended by Act No. 6124 of January 12, 2000; hereinafter “former Pension for Private School Teachers Act”).

(1) According to Articles 46(1) and (3) and 48(1) of the former Public Officials Pension Act (amended by Act No. 5716 of Jan. 29, 199), which apply mutatis mutandis pursuant to Articles 33 and 42(1), the deceased’s right to claim retirement benefits shall be retired ipso facto from office, when the ground for the benefit arises.

arrow