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(영문) 서울고등법원 2019.06.14 2018나2048916
임금
Text

1. The plaintiff's claim for payment of money changed in the trial is dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Defendant is a company aimed at the development and manufacturing of optical fiber cables and semiconductor development, etc., and the Plaintiff is a person appointed by the Defendant as an auditor on October 8, 2013 and registered in the Defendant’s corporate register on the 17th of the same month.

B. On October 21, 2016, the Defendant’s joint representative director C sent to the Plaintiff e-mail to the effect that “I decide to dismiss the Plaintiff himself as part of October 20, 2016 for the company’s situation and organization organization.”

C. The Plaintiff’s term of office as an auditor was expired on March 31, 2016 (Article 30 of the former Articles of Incorporation and Article 41 of the new Articles of Incorporation of the Defendant provide that “The term of office of an auditor shall be until the closing of a regular general meeting of shareholders regarding the last settlement term within three years after his/her inauguration.” As the Plaintiff was appointed as the Defendant’s auditor on October 8, 2013, it is reasonable to deem that the term of office expires around December 31, 2016, which was the date of an ordinary general meeting of shareholders as of December 31, 2015, which was the last settlement term within three years after his/her inauguration, and thereafter, the Plaintiff submitted a resignation letter to the effect that he/she voluntarily resigns from office on March 8, 2017, and the Defendant accepted it.

The remuneration of an officer under Article 49 (1) of the former Articles of Incorporation (amended by January 29, 201) shall be determined by a resolution of the general meeting of shareholders. 2) The payment of retirement allowances for an officer shall be made by the resolution of the general meeting of shareholders.

Article 53 (Executive Officers' Remuneration and Retirement Allowance) (1) The remuneration of executive officers shall be determined by a resolution of the general meeting of shareholders.

(2) The payment of retirement allowances for executives shall be made by the rules on payment of retirement allowances for executives after a resolution of a general meeting

The definitions of terms used in the provisions of Article 3 (Definitions) of the Rules on Remuneration of Officers shall be as follows:

6. The term "executives" in this Regulation means directors and auditors, who are full-time officers.

Article 5 (Basic Annual Salaries) (1) The basic annual salary of executives shall be as specified in attached Table 1.

The amount of the officer's basic annual salary table [Attached Table 1] 500,000,000 Vice-presidents 450,000,000,000.

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