logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.07.03 2019가합115199
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 21, 1994, the Plaintiff joined the Defendant and worked for 24 years and 6 months, and retired on September 10, 2018.

B. On July 24, 2018, the Plaintiff submitted to the Defendant for voluntary retirement and applied for voluntary retirement.

C. On September 6, 2018, the Defendant rendered a decision to refuse to grant voluntary retirement to the Plaintiff following deliberation by the 16th Standing Personnel Committee, in the form of a written resolution on September 6, 2018, and notified the Plaintiff of non-approval on October 4, 2018.

On October 5, 2018, the Plaintiff submitted resignation as of September 10, 2018, stating the desired date of retirement.

E. The Defendant’s employment rules and personnel management rules applied at the time of the Plaintiff’s retirement are as follows.

[Employment Rules] Article 60 (Honorable Retirement) (1) Any of the following employees may voluntarily retire:

1. Continuous of continuous service for not less than 20 years. (2) Payment standards shall be made within the remaining period of not more than ten years, but the payment standards shall be in accordance with the remuneration regulations;

[Personnel Management Regulations] Article 58 (Application for Voluntary Retirement) Employees who wish to provide voluntary retirement shall apply for voluntary retirement to the head of the personnel affairs department at the head office via the head of the relevant department.

Article 59 (Determination of Persons Eligible for Honorable Retirement) (1) The president shall determine the eligible persons through deliberation by the Standing Personnel Committee.

(2) In deliberating on honorary retirees, a standing personnel committee shall consider whether a company or a company's invested or funded institution or a power group company is re-employed, whether the company has rendered public services and whether the company is retired due to reasons attributable to it.

(3) Where the standing committee deems it necessary to continue to work at a company in order to improve labor productivity, it may reservation the voluntary retirement.

(a) A person who falls under any of the following subparagraphs shall be excluded from those subject to a decision on voluntary retirement:

1. A person who is prosecuted in a criminal case;

2. A person requesting a disciplinary resolution;

3. The misconduct investigation shall be conducted by an audit agency, such as the Board of Audit and Inspection, prosecution and police;

arrow