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(영문) 대구지방법원김천지원 2014.01.22 2013가단11832
명예퇴직수당
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 September 1, 1991, the Plaintiff submitted a voluntary retirement center to the Defendant around June 10, 2013 while serving as the Defendant’s employee.

B. On June 24, 2013, the Plaintiff was notified by the Defendant of the refusal of the voluntary retirement center to the effect that the acceptance of the voluntary retirement center is impossible due to budgetary reasons.

C. The Defendant’s provision on the voluntary retirement (hereinafter “instant provision on the voluntary retirement”) is as follows.

제45조의2(명예퇴직) ① 병원에 20년 이상 근속한 임직원으로서 정년퇴직일 전 1년 이상의 기간 중 자진하여 퇴직하� 할 경우 원장은 인사위원회 심의를 거쳐 명예퇴직을 결정한다.

In such cases, applications for and decisions on voluntary retirement shall be conducted in the second half of the year, and the priority of examination decisions shall be as follows:

1. A person under medical care due to an occupational disease or injury;

2. A superior worker;

3. Persons under long-term service. (2) Persons falling under any of the following subparagraphs shall be excluded from the persons subject to voluntary retirement:

1. A person against whom a resolution on disciplinary action is requested or a person subject to restriction on promotion due to disciplinary action.

【Ground of recognition】 The fact that there has been no dispute, Gap 2-6 evidence, the purport of whole pleading

2. The parties' assertion

A. Although the defendant should accept the plaintiff's application for voluntary retirement under the provision of this case, he did not accept it unfairly.

Therefore, the defendant is obliged to pay the honorary retirement allowances of KRW 92,925,00,00, and damages for delay incurred when the plaintiff voluntarily retires to the plaintiff.

B. The defendant's voluntary retirement rules provide that "the scope of the voluntary retirement may be restricted in cases where it is inevitable in view of the budget," so the defendant did not accept the voluntary retirement due to budgetary reasons pursuant to the above provisions, and the plaintiff is absent from office without permission.

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